Allahabad High Court
Gaurav Kumar vs State Of Up And 3 Others on 8 May, 2024
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:82366
Court No. - 76
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4330 of 2024
Applicant :- Gaurav Kumar
Opposite Party :- State Of Up And 3 Others
Counsel for Applicant :- Krishna Dutt Awasthi
Counsel for Opposite Party :- G.A.,Ram Chandra Solanki
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Krishna Dutt Awasthi, learned counsel for the applicant, Sri Ram Chandra Solanki, learned counsel for the informant and Sri Pranshu Kumar, 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.57 of 2024, registered under Sections 354-B, 504, 506 I.P.C. and 7/8 POCSO Act, at Police Station- Achhalda, District- Auraiya with a prayer to enlarge him on anticipatory bail.
4. As per prosecution story, the applicant and two other co-accused persons, namely, Jeetu and Ankit are stated to have barged into the house of the informant on 22.3.2024 at about 06:00 p.m. and when the doors of the house were closed by the informant, the same was tried to be broken open by them. There are particular allegations against the applicant and other co-accused persons of having outraged the modesty of the informant. It is also stated in the FIR that date of birth of the informant was 21.7.2006.
5. Learned counsel for the applicant has stated that he has been falsely implicated in this case. The FIR is delayed by about one day and there is no explanation of the said delay caused. There is no injury sustained by any person whatsoever. Learned counsel has further stated that the allegations regarding outraging the modesty of the informant are false. There is no criminal antecedent of the applicant.
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. The applicant has apprehension of his arrest. Learned counsel has stated that 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 but unable to dispute the submissions raised by the learned counsel for the applicant.
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 Supreme Court.
9. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Gaurav Kumar be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond 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 :- 8.5.2024/ Vikas
(Justice Krishan Pahal)
