Court No. - 52
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 17618 of 2021 Applicant :- Akhilesh Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Jag Narayan,Sushil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Arvind Kumar holding brief of Sri Jag Narayan, learned counsel for the applicant and Sri Ankit Srivastava, learned A.G.A. for the State and perused the record.
This anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant-Akhilesh Singh, seeking anticipatory bail in Case Crime No.95 of 2021, under Sections 323, 354, 504, 506 I.P.C., P.S. Amritpur, District Farrukhabad.
The prosecution case as per FIR lodged on 15.08.2021 by the prosecutrix against the applicant is that on 12.08.2021 she had gone to ease herself and on the way the applicant met her and with a bad intention, caught-hold of her which was resisted by her on which he slapped her on which she raised hue and cry and then he ran away. The incident is of 12.08.2021 at about 7 p.m. He also abused her and threatened her and her family members of dire consequences.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that no such incident took place. The first informant/victim is the neighbour of the applicant and there is a dispute between the parties with regard to drainage and passage. The victim is a married lady aged about 30 years. The FIR has been lodged after a delay of three days which goes to show that the same is after consultation and with an intention to falsely implicate the applicant. It is further argued that the applicant has no previous criminal antecedents, the said fact is mentioned in para no.16 of the affidavit.
Per contra, learned counsel for the State has opposed the prayer for anticipatory bail.
After hearing counsel for the parties and perusing the record, it is apparent that the victim/first informant is a married lady aged about 30 years. The FIR has been lodged after three days of the incident for which there is no explanation.
Without expressing any opinion on the merits of the case, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant- Akhilesh Singh, involved in Case Crime No.95 of 2021, under Sections 323, 354, 504, 506 I.P.C., P.S. Amritpur, District Farrukhabad, he shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on his furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicant shall make himself available for interrogation by a police office as and when required;
(ii) 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 office;
(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. Concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a copy of this order before the S.S.P./S.P.
concerned within ten days from today, who shall ensure the compliance of present order.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant(s) along with a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Samit Gopal, J.) Order Date :- 22.10.2021 Gaurav