Prabhat Pandey v. State of U.P

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11445 of 2023 Applicant :- Prabhat Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Prabha Shanker Mishra,Ayush Mishra Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.

¶1This application has been moved on behalf of the applicant - Prabhat Pandey seeking anticipatory bail in Case Crime No.181 of 2020, under Sections 406, 419, 420, 504, 506 IPC, Section 67 Information Technology Act and Section 3/6 of the Indecent Representation of Women (Prohibition) Act, Police Station Shivkuti, District Prayagraj.

¶2Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶3The accused applicant having friendly relations with the victim of the case obtained some obscene and indecent photographs and videos of the victim of the case and made it viral on social media by the applicant. F.I.R. was lodged and after investigation, now charge-sheet has been submitted into the matter.

¶4It has been argued by the learned counsel for the applicant that applicant is innocent and he has apprehension of his arrest in the above-mentioned case, whereas there is no credible evidence against him. Allegations levelled against the applicant are false. He has been falsely implicated in this matter. The investigation of the case has been completed and charge-sheet has been filed and cognizance has been taken by the Court concerned. It is further submitted that the so-called mobile numbers mentioned in the F.I.R., which are said to be the part of the crime, do not belong to the applicant and no incriminating article has been made viral through those numbers. In fact, the applicant and the victim had friendly relations with each other and their marriage was also fixed and during relations some photographs and videos were prepared, but the same was never misused by the applicant. During investigation, the applicant has fully cooperated, but however he was not on bail. He is having no criminal history to his credit. In case applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail.

¶5Per contra, learned A.G.A. opposed the prayer for anticipatory bail and it has been vehemently argued that in the case diary, several mobile numbers have been given by the witnesses and it has been found that obscene and indecent photographs / videos of the victim have been made viral on social media from the mobile of the applicant.

¶6I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record carefully.

¶7The present matter relates to dignity and honour of the lady victim. After collecting sufficient and ample evidence against the present applicant, charge-sheet has been submitted against him under sections 406, 419, 420, 504, 506 IPC, Section 67 Information Technology Act and Section 3/6 of the Indecent Representation of Women (Prohibition) Act.

¶8In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, the Hon'ble Apex Court has settled the controversy finally by holding the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial. It has been further held therein that anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till end of trial. It has been further held by the Hon'ble Apex Court that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, likelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion.

¶9Hence, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion of the merits of the case, in my view, it is not a fit case for anticipatory bail to the applicant till the end of trial. The prayer made in the application is refused.

¶10The anticipatory bail application is rejected.

¶11In the last, learned counsel for the applicant has urged that direction for expeditious disposal of the bail application of the applicant be given in the light of the decision of the Hon'ble Apex Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 825.

¶12However, it is observed that the bail application of the applicant, if moved, shall be considered and decided by the Court concerned in terms of the law laid down by the Hon'ble Apex Court in Satender Kumar Antil case (supra). It is further directed that the learned court concerned, while considering the bail application of the applicant in the light of Satender Kumar Antil case (supra), shall pass an order strictly in compliance of the directions given in the aforesaid judgment by the Hon'ble Supreme Court, in letter and spirit, particularly complying with the order dated 21.3.2023 of the Hon'ble Apex Court in the aforesaid matter. Order Date :- 17.10.2023 ss High Court of Judicature at Allahabad High Court of Judicature at Allahabad