Allahabad High Court
Raj Tiwari vs State Of U.P. And 2 Others on 21 September, 2023
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:183028
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9623 of 2023
Applicant :- Raj Tiwari
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Sriprakash Rai
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
1. Heard Mr. Sriprakash Rai, 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.378 of 2023, under Sections 376, 506, 493 IPC, Police Station Dhoomanganj, District Prayagraj.
3. Learned counsel for the applicant submits that applicant has been falsely implicated in the present case just to harass the applicant in fact no such incident has taken place as alleged in the impugned FIR. The applicant has never committed any offence as alleged in the impugned FIR. As per allegation, the applicant and the victim/informant was preparing examination for UP Police and simultaneously, the applicant was got selected in May, 2019 in UP Police. It is also alleged that applicant has developed consensual physical relation with the victim/informant. He further submits that there is no date, time and place has been mentioned in the FIR, which makes entire prosecution story false and fabricated even the victim did not explain the unreasonable delay of 3 years in lodging the FIR. He further submits that as per allegation made in the FIR as well as statement of the victim/informant recorded under Section 161 Cr.P.C., the applicant has given promise to marry with the victim/informant and made physical relation before 3 years ago. The victim/informant has refused for her internal and external medical examination. He further submits that number of occasion both persons out of their own will and choice developed consensual physical relationship and when the relationship breaks, the women use the law as a weapon for vengeance and personal vendetta and converted such consensual acts as an incident of rape. He further submits that the allegation of making physical relation on account of promise of marriage is baseless as the victim/informant was never interested to solemnize marry with the applicant and when the applicant was selected on the post of Sub Inspector, the victim/informant with her evil design and on account of false love and affection established physical relation with the applicant and, thereafter, started blackmailing the applicant. The applicant became astonished on the act of the victim when she started demanding illegal money on account of threat of lodging the false FIR of rape against the applicant. The applicant tried to save his social prestige has given certain amount through google pay or phone pay to the victim/informant, copy of transferring /sending the money to the victim/informant is annexed as Annexure No.4 to the affidavit. He further submits that from perusal of record, prima facie no offence under Sections 376, 506, 493 IPC is made out against the applicant. The applicant is having no previous criminal history as has been mentioned in paragraph 23 of the affidavit. He further submits that applicant has apprehension of imminent arrest and in case, the applicant is released on anticipatory bail, he will not misuse the liberty and would co-operate with the trial.
4. Learned A.G.A. has vehemently opposed the prayer for anticipatory bail of the applicant.
5. 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.
6. In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant-Raj Tiwari, involved in the aforesaid case crime be released on anticipatory bail till conclusion of trial 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.
7. 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.
8. With the aforesaid observations/ directions, the application is disposed of.
Order Date :- 21.9.2023
Ajeet
