Allahabad High Court
Umesh Sharma @ Upendra Sharma @ Ravindra ... vs State Of Up And 3 Others on 15 May, 2024
Author: Shekhar Kumar Yadav
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:87885
Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3379 of 2024
Applicant :- Umesh Sharma @ Upendra Sharma @ Ravindra Sharma
Opposite Party :- State Of Up And 3 Others
Counsel for Applicant :- Kavita Mishra,Thakur Prasad Dubey
Counsel for Opposite Party :- Archana Singh,G.A.
Hon'ble Shekhar Kumar Yadav,J.
1. Heard Sri Thakur Prasad Dubey, learned counsel for the applicant, Smt. Archna Singh, learned counsel for the High Court Legal Services Committee and learned Additional Government Advocate for the State as well as perused the record.
2. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.160 of 2023, under Sections 376(3), 506 I.P.C. and Section 3/4 D.P. Act, P.S.- Sarai Inayat, District- Prayagraj.
3. As per prosecution story, the co-accused Mohd. Azad made physical relation with the minor daughter of the informant, on the false promise of marriage, of which he has a video and now co-accused Mohd. Azad has refused the same. It is also alleged that when the victim asked to complain to the police, co-accused Mohd. Azad along with his friend Umesh Sharma (applicant) and others used to threaten to kill her.
4. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. The applicant has no concern with the alleged incident. As per statement of the victim recorded under Section 161 Cr.P.C., there is no specific allegation of rape against the applicant. The main allegation of rape is against co-accused Mohd. Azad. The applicant only being friend of co-accused Mohd. Azad, has been falsely implicated in the present case. He submitted that as per medical report, there is no sign of force. There are major contradiction in the statements of the victim recorded under Sections 161 & 164 Cr.P.C.. The applicant has no previous criminal history. Learned counsel for the applicant further submits 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 trial.
5. Smt. Archna Singh, learned counsel for the High Court Legal Services Committee and learned A.G.A. have opposed the prayer for anticipatory bail of the applicant. She has submitted that in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail. The apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear, anticipatory bail cannot be granted.
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-Umesh Sharma @ Upendra Sharma @ Ravindra Sharma, involved in the aforesaid case 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:-
(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 :- 15.5.2024
Krishna*
