Allahabad High Court
Ratnesh @ Mithlesh vs State Of U.P. And 3 Others on 6 October, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:192335
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11006 of 2023
Applicant :- Ratnesh @ Mithlesh
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Raj Narayan Gupta
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Raj Narayan Gupta, learned counsel for the applicant and Sri Arun Kumar Mishra, learned A.G.A. for the State as well as perused the record.
3. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.49 of 2022, registered under Sections 363, 368, 120B IPC & Sections 16/17 POCSO Act at Police Station- Bichhawa, District Mainpuri with a prayer to enlarge him on anticipatory bail.
4. As per prosecution story, an FIR was instituted by the informant against unknown persons regarding the abscondence of her daughter from 25.03.2022.
5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by one and this statement of victim recorded under Section 164 Cr.P.C. is full of embellishments as it has been recorded at the instance of police personnel. The same fact has been narrated by the victim in her statement recorded in Court in Special Trial No.118 of 2022 and has completely resiled from her statement. Learned counsel has further stated that even her statement indicates consent as she had gone with the main accused person Amit all the way to Etah and then to Delhi to the house of common relatives of both the parities. Learned counsel has further stated that the doctrine of stare decisis is applicable to the case of the applicant as the victim has turned hostile and there is no likelihood of conviction of the co-accused person and the case of sexual assault is levelled against co-accused person Amit only. The applicant is a lady and is the relative of the victim as well.
6. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There are no criminal antecedents of the applicant. The applicant has apprehension of his arrest. Learned counsel for the applicant undertakes that he has co-operated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
7. Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application on the ground that as per ossification test report, the age of the victim was 15 years, as such the consent, if any, pales into insignificance.
8. On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A., taking into consideration the statement of the victim recorded in Court in Special Trial No.118 of 2022, and considering the nature of accusations and antecedents of the applicant, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1". The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
9. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant-Ratnesh @ Mithlesh be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i). that the applicant shall make himself available for interrogation by a police officer as and when required;
(ii). that 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 to any police officer or tamper with the evidence;
(iii). that the applicant shall not leave India without the previous permission of the court;
(iv). that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;
(v). that the applicant shall not pressurize/ intimidate the prosecution witness;
(vi). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(vii). that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.
10. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.
Order Date :- 6.10.2023
Ravi Kant
(Krishan Pahal, J.)
