Allahabad High Court
Ghan Shyam Verma @ Rakesh Kumar ... vs State F U.P. Thru. Addl. Chief ... on 19 July, 2023
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:48169
Court No. - 16
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 232 of 2023
Applicant :- Ghan Shyam Verma @ Rakesh Kumar Verma
Opposite Party :- State F U.P. Thru. Addl. Chief Secy. Home Lko. And Another
Counsel for Applicant :- Ajeet Kumar,Brijesh Kumar Verma
Counsel for Opposite Party :- G.A.,Mahendra Nath Mishra
Hon'ble Subhash Vidyarthi,J.
On 01.02.2023 after hearing the learned counsel for the applicant and the learned A.G.A. this Court had passed the following interim order -
"The present bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in case crime No.289 of 2022 under sections 366, 376, 506 I.P.C., P.S. Dhanepur, district Gonda.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State.
Learned counsel for the applicant submits that the first information version is falsified by the fact that the victim along with the present applicant has filed a Criminal Misc. Writ Petition No.8666 of 2022 Rakesh Kumar Verma alias Ghanshyam Verma and another versus State of U.P. and others before this court and interim protection was given vide order dated 21.11.2022. It is further submitted that prosecutrix in an affidavit given before this court alleged no complicity of the applicant. After the writ petition was dismissed vide order dated 12.12.2022, the investigating officer has recovered the victim who was living together with the applicant with her free will and handed over to respondent No.2 and after that statement under section 164 CrPC was recorded wherein the victim for the first time has alleged complicity of the applicant due to pressure of her parents. The statement is tutored. The victim is a major girl as per version of the first information report. The investigation is going on.
Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation.
Issue notice to respondent No.2.
Learned Addl. Government Advocate prays for and is allowed fifteen days' time to file counter affidavit/objections.
List on 2.3.2023.
Considering the above aspects of the matter, perusal of the record, the victim along with the applicant has filed a Crl. Misc. Writ Petition No.8666 of 2022 (supra) before this court which prima facie shows that she was a consenting party, as also the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C.
Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned.
The applicant shall cooperate in the investigation and he will not influence the witnesses. The accused-applicant will remain present as and when the arresting officer /I.O./ S.H.O. concerned call (s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court.
In case of default, it would be open for the investigating agency to move application for vacation of this interim protection."
No counter affidavit has been filed nor anything has come to light, which may persuade this Court to take a view, different from the view taken while passing the aforesaid order, nor the learned A.G.A. has pointed out any violation of the consideration of interim anticipatory bail committed by the applicant..
In view of the aforesaid circumstances, the interim order dated 01.02.2023 is hereby made absolute and the application is allowed in terms of the aforesaid order.
(Subhash Vidyarthi J.)
Order Date :- 19.7.2023
A.Nigam
