Suraj Patel v. State of U.P. and 3 Others

Court No. - 71 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12636 of 2023 Applicant :- Suraj Patel Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Devendra Singh Counsel for Opposite Party :- G.A.,Jai Prakash Singh Hon'ble Shekhar Kumar Yadav,J.

¶1Heard learned counsel for the applicant and learned Additional Government Advocate for the State.Mr J. P. Singh, learned counsel for the High Court Legal Service Committee.

¶2This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 175 of 2022, under sections 363, 366, 376 IPC and Section 5/6 of POCSO Act, P.S. Lalauli, District Fatehpur, during the pendency of application.

¶3Pursuant to earlier order of this court dated 28.11.2023, the applicant and victim are present before the court today and they have been duly identified by their respective counsels. The applicant and victim submitted in the court that they have solemnized marriage with each other and are living as husband and wife peacefully and out of their wedlock one child has also born. They have also annexed the marriage certificate as annexure no. 7 to the affidavit.

¶4The victim stated that she is major being 20 years of age and the medical report also suggests that the victim is aged about 18 years of age. The applicant is having definite apprehension that he may be arrested by the police any time. It is further submitted that the victim in her statement has not levelled any allegation against the applicant. It is further prayed that since the victim and applicant have solemnized marriage, the applicant may be granted anticipatory bail during the pendency of trial.

¶5Learned AGA has opposed the prayer for bail, but could not dispute the said facts.

¶6Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, he is directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.

¶7In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant Suraj Patel involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond of Rs. 50,000/-with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-

(1) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation;

(2) 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; and

(3) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.

(4) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.

(5) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.

(6) In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC

98.

(7) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against his in accordance with law.

¶8In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

¶9With the aforesaid observations/ directions, the application stands disposed of. Order Date :- 6.12.2023 RavindraKSingh High Court of Judicature at Allahabad