Vikash v. State of U.P. and 4 Others

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12146 of 2023 Applicant :- Vikash Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Bibhuti Narayan Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Learned A.G.A. has stated that notice to the informant has been served.

¶3Heard Sri Bibhuti Narayan Singh, learned counsel for the applicant and Sri Ashutosh Srivastava, learned A.G.A. for the State as well as perused the record.

¶4The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.170 of 2023, registered under Sections 363, 366-A, 370, 376, 120-B I.P.C. and 5/6 POCSO Act, 2012 at Police Station-Kothibhar, District-Maharajganj with a prayer to enlarge him on anticipatory bail.

¶5As per prosecution story, the FIR was instituted by the informant regarding the abscondance of her minor daughter since 30.4.2023 at about 06:30 p.m.

¶6Learned counsel for the applicant has stated that the applicant has been falsely implicated in this case. The FIR is delayed by about four days and there is no explanation of the said delay caused. Learned counsel has further stated that the applicant is neither named in the FIR nor in the statement of the victim recorded under Section 164 Cr.P.C., but he has been nominated on the basis of statement of co-accused persons Prem and Sati, which is not admissible in evidence. The applicant has no criminal history to his credit.

¶7Several 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.

¶8Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application on the ground that the call details of the applicant have been found in the vicinity of co-accused persons and the victim, as such, he is not entitled for anticipatory bail.

¶9On 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 Apex Court.

¶10In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant-Vikash 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.

¶11It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial. Order Date :- 6.11.2023/ Vikas [Krishan Pahal, J.] High Court of Judicature at Allahabad