Aman Kumar v. State of U.P. and 3 Others

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12437 of 2023 Applicant :- Aman Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.,Pankaj Kushwaha,Suresh Chandra Kushwaha Hon'ble Nalin Kumar Srivastava,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the material available on record.

¶2Apprehending his arrest, the present anticipatory bail application has been filed on behalf of the applicant - Aman Kumar in Case Crime No.298 of 2023, under Sections 354-Gha, 504, 506 I.P.C. and Section 7/8 POCSO Act, Police Station Medical College, District Meerut, with a prayer to enlarge him on anticipatory bail.

¶3The minor victim was eve-teased by the present applicant, who also tried to chase her and also threatened her of acid attack. F.I.R. was lodged and now charge-sheet in this matter has been submitted.

¶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 her. He has been falsely implicated into this matter. Allegations levelled against the applicant are false. The investigation of the case has been completed and charge-sheet has been filed. It is further submitted that the applicant is a student of tender age. He was having some friendly relationship with the victim of this case, but the allegations averred in the F.I.R. are false and fabricated. No injury has been caused to the victim of this case. F.I.R. was lodged belatedly without any plausible explanation. The applicant has been cooperative during the course of investigation. Applicant has no criminal antecedents to his credit. After submission of charge-sheet, he is entitled for anticipatory bail.

¶5Per contra, learned A.G.A. for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail and argued that the victim of the case is a minor girl and repeated offence of similar nature has been committed by the applicant during last some years. It is further submitted that offence committed by the applicant is very serious and he has tried to induce the minor girl and as such, he is not entitled for anticipatory bail.

¶6In the present matter, the medical report prima facie does not corroborate the prosecution version. Applicant has been cooperative throughout the investigation. No custodial interrogation is required in the matter, as the offences alleged against the applicant are punishable with the imprisonment for a maximum period of seven years. Applicant does not have any criminal antecedents.

¶7Although charge-sheet has been submitted in the matter, but in 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.

¶8Hence, 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.

¶9The anticipatory bail application is allowed.

¶10In the event of arrest of the applicant in the aforesaid case crime, he shall be released on anticipatory bail till end of the trial on his 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 himself 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 he has passport, the same shall be deposited by him before the S.S.P./S.P. Concerned.

¶11In case of default of any of the conditions, same may be a ground for cancellation of protection granted to the applicant. Order Date :- 22.11.2023 ss High Court of Judicature at Allahabad