Rampal v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2413 of 2023 Applicant :- Rampal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Ashutosh Bajpai Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Ashutosh Bajpai, the learned counsel for the applicant as well as Sri Anant Pratap Singh, the learned Additional Government Advocate appearing on behalf of the State and perused the records.

¶2The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.196 of 2021, under Sections 377 and 506 I.P.C., registered at Police Station Baundi, District Bahraich.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged at 20:55 Hours on 27.09.2021 alleging that the applicant had taken the informant to his sugarcane field for doing labour work on

26.09.2021 and at about 12:00 noon, he forcibly sodomized him in the sugarcane field.

¶4In the medico legal examination of the victim, no injury was seen and only complaint of pain in the anal region was noted and in the supplementary report, it is recorded that in pathological report of the anal swab no spermatozoa, dead or alive, was seen.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that FIR allegations are not supported by the medico legal examination report and pathological report, coupled with the fact that the applicant has no criminal history and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.

¶7In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Rampal before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:

(i). That the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted;

(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 pressurize/ intimidate the prosecution witness; . (Subhash Vidyarthi, J.) Order Date :- 31.10.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench