Ratnesh Kumar Yadav v. State of U.P. and 3 Others

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9448 of 2023 Applicant :- Ratnesh Kumar Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashok Kumar Ojha,Sudhir Tiwari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Supplementary affidavit filed today is taken on record.

¶3Learned A.G.A. has informed that the notice to the informant has been served on 28.08.2023.

¶4Heard Sri Ashok Kumar Ojha, learned counsel for the applicant and Sri Ashutosh Srivastava, learned A.G.A. for the State as well as perused the record.

¶5The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.0052 of 2023, registered under Sections 354, 504, 506 IPC and 7/8 POCSO Act at Police Station-Turkpatti, District Kushinagar with a prayer to enlarge him on anticipatory bail.

¶6As per prosecution story, on 20.12.2022, the applicant is stated to have outraged the modesty of the daughter of the informant, aged about 17 years, enroute her school.

¶7Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by more than one and half months and there is no explanation of the said delay caused. There is no evidence whatsoever against the applicant. Several 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 criminal history of one case assigned to the applicant stands explained in the supplementary affidavit filed today. The applicant has apprehension of his arrest. Learned counsel for 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 but unable to dispute the submissions raised by the learned counsel for the applicant.

¶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-Ratnesh Kumar Yadav be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal 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 :- 30.11.2023 Ravi Kant (Krishan Pahal, J.) High Court of Judicature at Allahabad