Allahabad High Court
Ramnaresh And Another vs State Of U.P. And 3 Others on 25 July, 2023
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:147621
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7483 of 2023
Applicant :- Ramnaresh And Another
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Ashish Goyal
Counsel for Opposite Party :- G.A.,Balbir Singh, Shailendra Singh
Hon'ble Shekhar Kumar Yadav,J.
1. Heard Mr. Ashish Goyal, learned counsel for the applicants, learned Additional Government Advocate for the State and Mr. Shailendra Singh, leaned counsel for the informant/victim.
2. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.82 of 2022, under Sections 147, 149, 323, 504, 506, 354B, 452 IPC and 7/8 POCSO Act, Police Station Pinahat, District Agra.
3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case, in fact, no such incident has taken place. The applicants have never committed any offence as alleged in the impugned FIR. The FIR has been lodged on 02.06.2022 whereas the incident is alleged to have taken place on 02.05.2022 for which no plausible explanation has been given. As per allegation, there are three victims out of which two victims are aged about 17 years and another is major. As per statement of the victims, there are material contradictions and there is no medical report to support the prosecution story but the Investigating Officer without collecting cogent evidence in a routine manner has submitted charge sheet and the court below has taken cognizance. He further submits that prima facie no alleged offence is made out against the applicants. The applicants are having no previous criminal history as has been mentioned in paragraph 21 of the affidavit. He further submits that applicants have apprehension of imminent arrest and in case, the applicants are released on anticipatory bail, they will not misuse the liberty and would co-operate with the trial.
4. Learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer for anticipatory bail of the applicant.
5. Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicants, they are directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. The future contingencies regarding anticipatory bail being granted to applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.
6. In the event of arrest, the applicants shall be released on anticipatory bail. Let the applicants-Ramnaresh & Vishnu, involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
(i) The applicants shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation;
(ii) The applicants 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 them from disclosing such facts to the Court or to any police officer; and
(iii) The applicants shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
(iv) The applicants shall surrender their passport, if any, to the concerned Court forthwith. Their passport will remain in custody of the concerned Court.
(v) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicants.
(vi) In case, the applicants misuse the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
(vii) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against them in accordance with law.
7. In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
8. With the aforesaid observations/ directions, the application stands disposed of.
Order Date :- 25.7.2023
Ajeet
