Sunil v. State of U.P. and 3 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6661 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J.

¶1Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record.

¶2The present application has been moved seeking anticipatory bail in Case Crime No.306 of 2023 under Sections 363, 376 I.P.C., and Section 3/4 of POCSO Act, Police Station Kundarki, District Moradabad. with the prayer that in the event of arrest, applicant may be released on bail.

¶3Learned counsel for the applicant has submitted that the victim and the applicant were having love affair and both of them has solemnised marriage on 02.01.2024 and both of them were living as husband and wife. He further submits the victim and the applicant have also approached this Court seeking protection by way of filing Criminal Misc. Writ Petition No. 541 of 2024 and were granted protection vide order dated 30.01.2024, copy of which is annexed as Annexure-13 to the affidavit accompanying the bail application. Learned counsel further argued that it has been alleged in the F.I.R., that t he victim is aged about 14/15 years, whereas according to the ossification report dated

08.02.2024, the victim is aged about 18 years, copy of which is at page no. 42 of the paper book. Learned counsel also argued that under the victim under the pressure of her parents has changed her stand. Learned counsel further submits that in fact the victim is major and she had gone with the applicant out of her own free will and consent. Learned counsel also argued that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible Versus Counsel for Applicant(s) : Amit Kumar Counsel for Opposite Party(s) : Amit Kumar, Brij Raj, G.A. Sunil .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) evidence against him. It has further been submitted that no coercive process has been issued against the applicant so far. It was also submitted that applicant undertakes to co-operate during investigation and trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.

¶4Learned A.G.A.as well as learned counsel for the informant have opposed the application for anticipatory bail. Learned counsel for the informant has further argued that credible evidence has been collected during the investigation, which has culminated in submission of charge sheet dated 09.03.2024 and therefore the applicant is not entitled for anticipatory bail.

¶5Perusal of the record shows that the victim and the applicant have approached this Court seeking protection which has been granted by this Court. Furthermore, in the case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.

¶6In the instant case, considering the settled principle 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 on merit of the case, a case for anticipatory bail is made out.

¶7The anticipatory bail application is allowed.

¶8In the event of arrest of the applicant Sunil involved in the aforesaid case crime shall be released on anticipatory bail till conclusion of trial on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the concerned Court subject to the following conditions :- NABAIL No. 6661 of 2025

i) The applicant shall not tamper with the prosecution evidence.

ii) The applicant shall not threaten or harass the prosecution witnesses.

iii) The applicant shall appear before the trial Court on each and every dates fixed.

iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.

v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

¶9In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.

¶10The trial Court is directed to conclude the trial as expeditiously as possible, in accordance with law. September 26, 2025 S.Ali NABAIL No. 6661 of 2025 (Dr. Gautam Chowdhary,J.) High Court of Judicature at Allahabad