Allahabad High Court
Parshuram @ Parshu vs State Of U.P. And Another on 18 September, 2023
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:179512
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9752 of 2023
Applicant :- Parshuram @ Parshu
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Yadvendra Singh
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
1. Heard learned counsel for the applicant and learned Additional Government Advocate for the State.
2. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 113 of 2023, under section 376 IPC, P.S. Amanpur, District Kasganj during the pendency of trial.
3. As per prosecution case, on 7.5.2023 while the victim was going to make cow dung cake from her house, the applicant along with others are said to have stopped her and and tried to molest her and on resistance being made, the applicant is said to have ran away from the spot. It is further alleged that when the incident was told to her family members, her family members went to the house of the applicant to make complaint, the brother of the applicant is said to have abused him and also threatened.
4. Learned counsel for the applicant submits that applicant has been falsely implicated in the present case only to grab the property. In the FIR, false allegation has been levelled against the applicant. The applicant is having definite apprehension that he may be arrested by the police any time. It is further submitted that the incident took place on 7.5.2023 and the FIR was lodged on 9.5.2023 and there is no explanation of delay. It is further submitted that the statement of the victim under section 161 Cr.P.C. was recorded on 16.5.2023. It is further submitted that initially FIR was lodged under Sections 354, 504, 506 IPC and lateron the charge sheet has been submitted under Section 376, 504, 506, 354 IPC. It is further submitted that the medical was conducted on 15.5.2023 wherein no injury was found on the person of the victim. Learned counsel for the applicant has also drawn the attention of the court towards the statement of the victim recorded during medical examination in which she has stated that the applicant has also committed rape one month prior to the present incident but there is no such complaint by the victim itself belies the story of the prosecution. It is further submitted that the victim is major. The applicant has no criminal history.
5. Learned AGA has opposed the prayer for bail, but could not dispute the said facts.
6. Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, he is directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
7. In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant Parshuram @ Parshu involved in the aforesaid crime be released on anticipatory bail 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:-
(1) 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;
(2) 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; and
(3) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
(4) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.
(5) 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.
(6) 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.
(7) 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 disposed of.
Order Date :- 18.9.2023
RavindraKSingh
