Allahabad High Court
Sachin Singh Patel vs State Of U.P. Thru. Prin. Secy. ... on 12 January, 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. - 1044 of 2022
Applicant :- Sachin Singh Patel
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt Civil Sectt Lko And Another
Counsel for Applicant :- Ajmal Khan,Amjad Siddiqui,Javed Khan,Prem Prakash Singh
Counsel for Opposite Party :- G.A.,Mohd. Raziullah
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.
Vide order dated 06.07.2022, the applicant was granted interim protection by a Co-ordinate Bench of this Court. Gist of the issue involved in the present matter is given in the said order, which is extracted below:
"Heard Sri Ajmal Khan, learned counsel for the applicant and Sri Vinay Kumar Shahi, learned A.G.A. for the State as well as perused the record.
The present anticipatory bail application has been filed on behalf of the applicant in F.I.R. No. 36 of 2021, under Sections 493, 506, 376 Indian Penal Code, Police Station Mandion, District Lucknow, with a prayer to enlarge him on anticipatory bail.
As per prosecution story, on 24th February, 2017, the prosecutrix is said to have met the applicant through facebook and both fell in love and made physical relations thereon. When the prosecutrix asked the applicant to marry her, he refused to do so under family pressure.
Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. Learned counsel has stated that the victim herein is a major lady of 29 years of age and in the statement recorded under Section 164 Cr.P.C. also, the prosecutrix has leveled bald allegations and the only allegation against the applicant is that he had refused to marry her. Learned counsel undertakes that applicant will cooperate in the investigation failing which the State can move appropriate application for vacation of the interim protection.
Learned A.G.A. has opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicant.
Matter requires consideration.
Three weeks' time is granted to learned A.G.A. and learned counsel for the first informant to file counter affidavit.
One week's time, thereafter, is granted to learned counsel for the applicant for filing rejoinder affidavit.
On due consideration to the arguments advance by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant, as an interim measure, is liable to be enlarged on anticipatory bail in view of the Constitution Bench judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98". The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
In the event of arrest, the accused-applicant Sachin Singh Patel, shall be released forthwith in the aforesaid case crime (supra) on interim anticipatory bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O./court concerned on the following conditions:-
(i) the applicant shall make himself available for interrogation 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 him from disclosing such facts to the Court or to any police officer; and
(iii) the applicant shall not leave India without the previous permission of the Court.
List on 5th September, 2022, in the additional cause list. "
Learned counsel for the applicant submits that applicant has not misused the liberty granted by this court. He has no criminal antecedents.The chargesheet has been filed in the matter. He undertakes to cooperate in the trial.
Learned AGA has opposed the prayer made by the applicant's counsel, however, he does not dispute the fact that the applicant has cooperated during investigation.
On due consideration to the submissions advanced by learned counsel for the parties as well as perusal of the record, so also the fact that prima facie it appears that it is a case of consensual relationship, no chargesheet has been filed under the IT Act which caused doubt on the statement of the prosecutrix under Section 164 Cr.P.C. and as per undertaking by the applicant to cooperate in the trial, I am of the opinion that the applicant is entitled to be released on 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 interim order dated is affirmed. However, the accused-applicant Sachin Singh Patel is directed to surrender before trial court if he is summoned to face trial for offence in question after filing of the charge sheet. The accused-applicant shall be released on bail by the trial court on the same bail bond(s) as executed by him consequent to the order passed by this Court, as extracted above, subject to his satisfaction, 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.
It is further made clear that in case the accused-applicant has not been arrested during investigation, then he shall be released on bail as directed above, on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial Court.
In view of the aforesaid, the anticipatory bail application is allowed.
Order Date :- 12.1.2023
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