Allahabad High Court
Chandra Dev vs State Of U.P. Thru. Prin. Secy. ... on 1 March, 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. - 551 of 2023
Applicant :- Chandra Dev
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And Another
Counsel for Applicant :- Anand Prakash Pandey,Dr.Surya Prakash Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Supplementary affidavit is taken on record.
The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No. 0007 of 2023, under Sections 376, 504, 506 of I.P.C., P.S. Jaitpur, District Amedkar Nagar.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material available on record.
Learned counsel for the applicant submits that a perusal of the prosecution case in the F.I.R., the statement of the prosecutrix under Section 161 Cr.P.C. and Section 164 Cr.P.C. depicts that she is a major lady having consensual relationship with the applicant and was in living relationship with the applicant for approximately two years. He further submits that dispute arose only after the selection of the applicant in PAC about seven months ago and when the applicant got married on 06.11.2022. Due to this grudge the F.I.R. has been lodged maliciously to malign the reputation of the applicant. Applicant has no criminal antecedents. Learned counsel for applicant has relied on the judgment of Hon'ble Supreme Court in the case of Ansaar Mohammad vs. The State of Rajasthan [SLP (Crl.) No.5326 of 2022] dated 14.07.2022. Learned counsel for the applicant further submits that he will cooperate in the investigation.
Learned A.G.A. has opposed the prayer made by learned counsel for the applicant however, could not dispute the fact that applicant has no criminal antecedent and has cooperated in the investigation.
On due consideration to the submissions advanced, perusal of the record as also the fact that applicant and the informant were in living relationship and as of now as per the statement of learned A.G.A., no viral video has been found so also the the judgment of Hon'ble Supreme Court in Ansaar Mohammad (supra), it would be expedient in the interest of justice that the liberty of the applicant may be protected till filing of police report u/s 173(2) Cr.P.C in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.
In view of the above, the anticipatory bail application is allowed. It is provided that in the event of arrest, the applicant-Chandra Dev shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:-
(1) The applicant shall cooperate in the investigation and he will not influence the witnesses.
(2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation.
(3) The applicant shall not leave India without previous permission of the Court.
(4) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection.
Order Date :- 1.3.2023
Saurabh Yadav/-
