Allahabad High Court
Ankur Choudhary vs State Of U.P. And 3 Others on 19 October, 2023
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:203344
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10991 of 2023
Applicant :- Ankur Choudhary
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Sukrampal
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
1. In pursuance of order of this Court dated 13.10.2023, applicant- Ankur Choudhary and the victim- Avni are present before this Court and duly identified by counsel for the applicant. The parties have filed joint affidavit, the same is taken on record.
2. The victim has stated in paragraph no.3 of the joint affidavit that she has solemnized marriage with the applicant- Ankur Choudhary on 01.06.2020 in Arya Samaj Manav Kalyan Trust, Ghaziabad and the said marriage has been registered by the Marriage Registrar, copies of the same are annexed as Annexure No.1 to the joint affidavit. The victim has further stated that her date of birth is 1.1.2002 and from their wedlock one child, namely, Preet Chaudhary born on 22.8.2020 and two twins baby, namely, Hitarth and Ojas were born on 1.4.2023 in Luxmi Hospital, Baraut. The victim has further stated before this Court that she is living happy marriage life with the applicant.
3. Heard Sri Sukrampal, learned counsel for the applicant and Sri Thakur Azad Singh, learned A.G.A. for the State as well as perused the record.
4. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. He submitted that the parties have solemnized marriage with each other on 1.6.2020 and they are living as husband and from their wedlock three child have been born. Learned counsel for the applicant further submitted that applicant has apprehension of imminent arrest and in case, applicant is released on anticipatory bail, he will not misuse the liberty and would co-operate with the investigation/trial.
5. Learned A.G.A. opposed the prayer for bail but could not dispute the submission advanced by learned counsel for the applicant.
6. Considering the facts and circumstances of the case as well as the statement of the victim given before this Court that the victim has solemnized marriage with the applicant on her own sweet will and they have three child from their wedlock and they are living happy marriage life, therefore, no useful purpose would be served to keep the matter pending. Accordingly, the present anticipatory bail application is allowed.
7. In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant-Ankur Choudhary, involved in Case Crime No.371 of 2019, under Sections 363 and 366 I.P.C. and Section 7/8 of POCSO Act, Police Station- Baraut, District- Baghpat be released on anticipatory bail in light of the law laid down by the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 on furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
(i) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation.
(ii) 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.
(iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
(iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.
(v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
(vi) In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
(vii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against his in accordance with law.
8. In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
9. With the aforesaid observations/ directions, the application stands allowed.
Order Date :- 19.10.2023
Krishna*
