Ganesh Prasad Agrahari v. State of U.P

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3917 of 2023 Applicant :- Ganesh Prasad Agrahari Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.

¶1Rejoinder affidavit has been filed by learned counsel for the applicant in Court, which is taken on record.

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

¶3This application for anticipatory bail has been filed by applicant - Ganesh Prasad Agrahari in connection with Case Crime No.165 of 2021, under Sections 354K, 504, 376 I.P.C., Police Station Aadampur, District Varanasi.

¶4It is submitted by the learned counsel for the applicant that the applicant is innocent and he has apprehension of his arrest in the above-mentioned case, whereas there is no credible evidence against him. He has been falsely implicated into this matter. Allegations levelled against the applicant is false. The prosecution story is unfolded in the F.I.R. is that present applicant who happened to be the brother-in-law (Devar) of the victim made sexual assault upon the prosecutrix. After lodging an F.I.R. now charge sheet has been submitted in this matter. It is further submitted that there are material contradictions in the statement of the victim under Sections 161 and 164 Cr.P.C with those that of F.I.R. It is also submitted that during the course of investigation the present applicant had been granted anticipatory bail by this court in Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. No. 1752 of 2022 vide order dated 09.03.2022 that liberty was never misused by him. It is further submitted that there is no medical report of victim on record. It is also submitted that no sexual intercourse has been taken in this case. It is further submitted that the applicant has been cooperative during the course of investigation. It is further submitted that no custodial interrogation is required in this matter. It is further submitted that the applicant has no criminal history to his credit. In case the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail.

¶5On the other hand, learned A.G.A. opposed the prayer for anticipatory bail. In this case, no sexual intercourse has taken place against the prosecutrix of this case. Interim protection granted to the applicant has not been misused by him. After submission of charge sheet interim protection was granted to the applicant vide order dated 10.05.2023, the same was also not misused by him.

¶6In 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.

¶7Hence, 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 a fit case for anticipatory bail to the applicant till end of the trial in the matter.

¶8The anticipatory bail application is allowed.

¶9In the event of arrest of the applicant in the aforesaid case crime, they shall be released on anticipatory bail till end of the trial on their furnishing a personal bond of Rs. 50,000/-with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :-

(i) The applicant shall make themselves available before the court concerned on the date fixed in the matter;

(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 / her from disclosing such facts to the Court or to any police officer;

(iii) The applicant shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. Concerned.

¶10In case of default of any of the conditions, same may be a ground for cancellation of protection granted to the applicant. Order Date :- 26.10.2023 Imtiyaz High Court of Judicature at Allahabad