Allahabad High Court
Mohit Pandey vs State Of U.P. And Another on 18 October, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:201285
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8758 of 2023
Applicant :- Mohit Pandey
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Shivajee Srivastava,Sudhir Kumar Srivastava
Counsel for Opposite Party :- G.A.,Brijesh Kumar Yadav
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Supplementary affidavit filed today is taken on record.
3. Heard Sri Shivajee Srivastava, learned counsel for the applicant, Sri Brijesh Kumar Yadav, learned counsel for the informant and Sri Sunil Kumar, learned A.G.A. for the State as well as perused the record.
4. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.283 of 2020, registered under Sections 376, 507 and 377 IPC at Police Station- Colonelganj, District Prayagraj with a prayer to enlarge him on anticipatory bail.
5. As per prosecution story, the applicant and the victim are stated to have entered into corporeal relationship and maintained it for a substantial period of time. Later on, both had fallen apart but the applicant is not letting her married elsewhere.
6. Learned counsel for the applicant has stated that the applicant was granted anticipatory bail till the submission of report under Section 173(2) Cr.P.C. by Co-ordinate Bench of this Court vide order dated 17.06.2023 and he has not misused the said opportunity granted earlier. He has not made viral any photographs or video of the victim. The photographs, if any, have been exchanged between the applicant and the victim. 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 counsel for the informant and learned A.G.A. have vehemently opposed the anticipatory bail application on the ground that the proceedings under Sections 82 and 83 Cr.P.C. were already complete against the applicant and he had sent the said indecent photographs on WhatsApp and Facebook, although they could not produce any documents in support of the allegations thereof. The supplementary affidavit filed today indicates that NBW has been issued against him as cognizance against him was taken in the year 2022.
8. On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. 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- Mohit Pandey 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 :- 18.10.2023
Ravi Kant
(Krishan Pahal, J.)
