Allahabad High Court
Bipin vs State Of U.P. And Anr. on 24 February, 2023
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12177 of 2021
Applicant :- Bipin
Opposite Party :- State Of U.P. And Anr.
Counsel for Applicant :- Rakesh Kumar Tripathi
Counsel for Opposite Party :- G.A.,Ashok Kumar Srivastava,Dileep Kumar Yadav,Ramesh Kumar
Hon'ble Karunesh Singh Pawar,J.
The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No.78 of 2019 under sections 376, 511 I.P.C., P.S. Sidhauli, district Sitapur.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Vide order dated 27.10.2021, the applicant was granted interim protection by a coordinate Bench of this Court. Gist of the issue involved in the present matter is given in the said order, which is extracted below :
"Heard learned counsel for the applicant and learned AGA for the State.
The applicant was implicated for committing offence under Sections 354, 504, 506 I.P.C vide first information report dated 25.02.2019. The applicant was enlarged on anticipatory bail in the aforesaid case vide order dated 16.08.2019 by Sessions Judge, Sitapur. Subsequently on the basis of statement of the victim under Section 164 Cr.P.C wherein she alleged the offence of attempt to rape against the applicant, the investigating officer has implicated him under Section 376/511 I.P.C in the same case crime number. After unsuccessful approach to the court below, applicant is before this court.
Learned counsel for the applicant submitted that it is a clear case of false implication. The allegation in the first information report has been intensified by the statement of the victim under Section 164 Cr.P.C and applicant has been implicated in this case falsely. He was earlier granted anticipatory bail for the alleged offence under Section 354 I.P.C. Only to frustrate the same, present implication under Section 376/511 I.P.C has been made. The applicant has definite apprehension that he may be arrested by the police any time.
Learned AGA prays for and is granted three weeks time to file counter affidavit.
In the event of arrest of the applicant, namely, Bipin involved in Case Crime No.78/2019, under Sections 376, 511 IPC, Police Station- Sidhauli, District Sitapur shall be released on interim anticipatory bail on his furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the Station House Officer of the police Station/court concerned with the following conditions-
(i) The applicant shall make himself available for interrogation by a police office as and when required;
(ii) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts to the Court or to any police office;
(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer will continue with the investigation and will not be affected by this order.
A copy of this order downloaded from the official website of this court shall also be produced before the S.S.P concerned by the applicant who shall ensure compliance of this order after due verification from official website of this court.
List this case on 22nd January, 2022. "
It is submitted on behalf of the applicant that the applicant has cooperated in the investigation. Charge sheet has been filed. He undertakes on behalf of the applicant that the applicant shall cooperate in the trial.
Learned A.G.A. has opposed the prayer made by the applicant's counsel.
Without expressing any opinion on the merits of the case, considering the fact that the applicant has no criminal antecedent as also the fact that the allegations under sections 376 and 511 I.P.C. have been levelled for the first time by the prosecutrix while giving statement under section 164 CrPC, the undertaking given on behalf of the applicant that he shall cooperate in the trial and gravity of offence, I am of the opinion that in the event of arrest/surrender before the concerned court, the applicant is entitled to be enlarged on anticipatory bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to his cooperation in the trial.
In view of the above as also keeping in view of the judgment in Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC OnLine 98, the accused applicant is directed to surrender before trial court if he is summoned to face trial for offence in question after filing of the charge sheet. In the event of arrest/surrender before the concerned court, the accused applicant shall be enlarged on anticipatory bail by the trial court on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial Court, with the following conditions.
(i) The applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or tamper with the evidence;
(ii) The applicant shall not leave India without the previous permission of the court;
(iii)The applicant shall not pressurize/ intimidate the prosecution witness;
(iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;
Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.
It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.
In view of the aforesaid, the anticipatory bail application is allowed.
Order Date :- 24.2.2023
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