Pankaj Singh Yadav v. State of U.P. and Another

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5204 of 2023 Applicant :- Pankaj Singh Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yadavendra Dwivedi,Shashi Kant Shukla Counsel for Opposite Party :- G.A.,Sumit Kumar Srivastava Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Mr. Shashi Kant Shukla, learned counsel for the applicant and Mr. Yogesh Mishra, learned A.G.A. for the State and also perused the record. None is present on behalf of opposite party no.2.

¶3The present anticipatory bail application has been filed on behalf of the applicant in Complaint Case No.140 of 2021 "X vs. Pankaj Singh Yadav", under Section-376 of IPC, Police Station-Colonelganj, District-Prayagraj, with a prayer to enlarge him on anticipatory bail.

¶4As per prosecution story, the victim and the applicant were in a relationship and wanted to marry each other, but the same could not take place. Later on, the same was solemnized on 24.08.2023, as such the Investigating Officer submitted a closure report in the said case.

¶5Learned counsel for the applicant has stated that somehow a misunderstanding took place between the parties and they fell apart, as such the victim filed a protest petition to the said closure report. The case was treated as complaint case and the applicant has been summoned by the learned Additional Chief Judicial Magistrate, Court No.18, Allahabad vide order dated 10.10.2022. Learned counsel further stated that the allegations are per-se false. Learned counsel has also stated that there are no allegations for administering any poisonous material to the victim and there is no injury report to support it. The applicant is ready to co-operate during trial. The applicant was granted interim protection by this Court vide order dated 16.05.2023 and he has not misused it.

¶6Several 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. It is further submitted that the applicant has no criminal history. In case, the anticipatory bail application of the applicant is allowed, he will not misuse the liberty and shall cooperate with trial.

¶7On the other hand, learned A.G.A. has vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history.

¶8Considering the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98", the applicant is entitled to be granted anticipatory bail in this case.

¶9Without expressing any opinion upon ultimate merits of the case either ways which may adversely affect the trial of the case, the anticipatory bail application of the applicant is allowed.

¶10In the event of arrest of the applicant-Pankaj Singh Yadav involved in the aforesaid case crime number, shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:- 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 previous permission of the court; iv. that 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;

¶11In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant.

¶12It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. (Justice Krishan Pahal) Order Date :- 17.11.2023 Saif High Court of Judicature at Allahabad