Vikram Singh v. State of U.P Thru. Addl. Chief Secy. Deptt. Home Lko. and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2528 of 2023 Applicant :- Vikram Singh Opposite Party :- State Of U.P Thru. Addl. Chief Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Gulam Mustafa Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Gulam Mustafa, the learned counsel for the applicant as well as Sri Anurag Verma, 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.397 of 2023, under Sections 452, 323, 504, 506, 354B I.P.C., registered at Police Station Kotwali, District Unnao.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 24.05.2023 against one Anand Singh, his mother, four unknown persons and two women, alleging that while the informant's father-in-law was returning from his field, the applicant and four unknown persons waylaid him, chased him and beaten him up. When the informant' father-in-law entered his house to save his live, the accused persons entered his house, torn away blouse of the informant and pushed her to the ground and molested her. It is alleged that the applicant's mother and two other women assaulted on the informant's head with an iron rod and they broke down her mangal sutra and took away some money.

¶4The applicant has been implicated on the basis of statement of victim wherein she stated that the applicant was also involved in commission of the offence and the allegation against the applicant was of removing her saree.

¶5In the affidavit filed in support of the anticipatory bail-application it has been contended that the applicant is innocent, and he has falsely been implicated in the present case.

¶6The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim herself is the informant of the case and yet she has not named the applicant as an accused and she has leveled allegation of rape, against another co-accused person, which allegation is not supported by any medico legal examination report and that co-accused has also been granted bail by this Court, 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.

¶8In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Vikram Singh 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 :- 7.11.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench