Allahabad High Court
Shashwat Sawarkar Singh vs State Of U.P. Thru. Addl. Chief ... on 23 May, 2023
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:35834
Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1222 of 2023
Applicant :- Shashwat Sawarkar Singh
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy./ Prin. Secy. Deptt. Of Home Lko.
Counsel for Applicant :- Ajay Pratap Singh
Counsel for Opposite Party :- G.A., Mr. Ravi Kant Pandey
Hon'ble Karunesh Singh Pawar,J.
1.The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No.636 of 2022 under sections 376, 392, 328, 323, 506 I.P.C., P.S. Kotwali Nagar, district Gonda.
2.Heard learned counsel for the applicant, Mr. Ravi Kant Pandey, learned counsel for the complainant who has filed vakalatnama for the complainant today which is taken on record, and learned A.G.A. for the State.
3.It is submitted on behalf of the applicant that the victim is married and major lady. No date, time or place has been mentioned in the entire prosecution case. The victim has refused to undergo medical examination. No material has been collected by the investigating officer to show that the victim was subjected to any violence.
It is submitted that the victim was in consensual relationship with the applicant. Copy of chatting between the applicant and the victim is on record. It is a clear case of false implication. The applicant is a government servant, having no criminal antecedent. The entire prosecution story is false at the face of it as no video as alleged in the first information report has been recovered by the investigating officer.
It is next submitted that the applicant has cooperated in the investigation. Charge sheet has been filed. He undertakes on behalf of the applicant that the applicant shall cooperate in the trial.
4.Learned A.G.A. and complainant's counsel have opposed the prayer made by the applicant's counsel.
5.Without expressing any opinion on the merit of the case and considering the nature of accusation and the applicant having no criminal antecedents, the first information report has been lodged after a delay of several months, the victim has refused to undergo medical examination, 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 in the event of arrest/surrender before the concerned court, the applicant is entitled to be enlarged on anticipatory 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 his cooperation in the trial.
6.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. In the event of arrest/surrender before the concerned court, the accused applicant Shashwat Sawarkar Singh shall be enlarged on anticipatory 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.
7.In view of the aforesaid, the anticipatory bail application is allowed.
Order Date :- 23.5.2023/kkb/
