Allahabad High Court
Radhey Shyam vs State Of U.P. Thru. Prin. Secy. ... on 12 May, 2023
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:33246
Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1120 of 2023
Applicant :- Radhey Shyam
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.
Counsel for Applicant :- Rakesh Kumar Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No. 207/2021, under Sections 376 I.P.C., P.S. Akhand Nagar, Sultanpur.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Learned counsel for the applicant submits that the applicant has been falsely implicated by the complainant who happens to be family member of the applicant. Due to family dispute, earlier also, an F.I.R. was lodged by the same complainant against the applicant which was registered as F.I.R. No. 268/2017, under Sections 354/323/504 I.P.C., P.S. Akhand Nagar, District Sultanpur, however, charge sheet was filed under Section 376 I.P.C. in that case. The applicant after being enlarged on bail, entered into compromise with the complainant where she has clearly stated that no offence has been committed by the applicant and it was a fake case. Copy of the compromise is on record.
Learned counsel for the applicant submits that the compromise was entered on 06.08.2021 and now again the same complainant has lodged the F.I.R. just after four days of the compromise.
Learned counsel for the applicant further submits that medical does not corroborates the prosecution story. Victim is married and mother of two children. The incident in question has been denied by the prosecution witnesses i.e. son of the victim, daughter of the victim as well as one Avadhesh Kumar who is also a relative of both the applicant and the victim.
Apart from the earlier case lodged by the victim, applicant has no criminal history. Charge sheet has been filed. The applicant undertakes that the applicant shall cooperate in the trial.
Learned Addl. Government Advocate prays for and is allowed three weeks' time to file counter affidavit.
List on 03.07.2023.
On due consideration to the argument advanced as well as perusal of the record and the fact that statements of the prosecution witnesses falsifies the prosecution story; applicant has no previous criminal history; charge sheet has been filed; he has cooperated in the investigation and shall cooperate in the trial and also considering 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 court concerned with the following conditions:-
(1) The applicant shall cooperate in the trial and he will not influence the witnesses.
(2) The accused-applicant will remain present on each and every date fixed by the trial court.
(3) The applicant shall not leave India without previous permission of the Court.
Order Date :- 12.5.2023
R.C.
