Manpreet Singh Toor vs State Of U.P. Thru. Secy. Home Lko. ...
2023 Latest Caselaw 2933 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2146 of 2022
 

 
Applicant :- Manpreet Singh Toor
 
Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And 3 Others
 
Counsel for Applicant :- Jalaj Kumar Gupta
 
Counsel for Opposite Party :- G.A.
 

 
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.348 of 2021 under sections 363, 366 I.P.C., P.S. Palia, district Kheri.

Heard learned counsel for the applicant and learned A.G.A. for the State. Non appears for private respondents.

It is submitted on behalf of the applicant that as per statement of prosecutrix under sections 161 and 164 CrPC, it is evident that she on her own accord went away with the applicant, therefore the allegation of enticement made in the first information report is false as it is contradictory to the said statement of the prosecutrix. The applicant has no criminal antecedent. The medical age of the prosecutrix is 18-20 years.

It is next submitted that He further submits that the applicant has cooperated in the investigation. Charge sheet has been filed. He undertakes to 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 and considering the nature of accusation and having no criminal antecedents, the statement of the prosecutrix recorded under sections 161 and 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 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 her 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. The accused applicant shall be released on 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 :- 28.1.2023

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