Court No. - 52
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 16409 of 2021 Applicant :- Anar Singh Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Kunwar Ajay Singh Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Kunwar Ajay Singh, learned counsel for the applicant and Sri B.B. Maurya, learned counsel for the State and perused the record.
The anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant Anar Singh Yadav, seeking anticipatory bail, in the event of arrest in Case Crime No. 583 of 2021, under Sections 354, 504, 506 IPC, Police Station Chakeri, District Kanpur Nagar.
Learned counsel for the applicant argued that although the applicant is named in the First Information Report and there is an allegation of his intercepting the first informant while she was going to the dairy to fetch milk and then enraging her modesty but the same is false and incorrect. The applicant as per his own case of the first informant is working with her in the same school and due to some dispute at the place of employment, the first informant got annoyed and has lodged the First Information Report. It is argued that although there is a reference in the First Information Report that the applicant was apprehended by the people present there and was taken by the police to the police chauki but the same is false and the police did not take the applicant anywhere. Para 11 of the affidavit has been placed before the Court to buttress the said argument. It is further argued that the case is a case of no injury. The applicant has no criminal history as stated in para 8 of the affidavit in support of anticipatory bail application.
Per contra, learned counsel for the State opposed the prayer for anticipatory bail and argued that the applicant is named in the First Information Report. There is an allegation against him. It is argued that para 11 as per his instructions as sated that the applicant was never taken with the police or apprehended by the people present there as alleged is not denied.
After having heard learned counsels for the parties and perusing the records, it is evident that the applicant and victim/first informant are working in the same school. The present case is a case of no injury.
Without expressing any opinion on the merits of the case, considering the nature of accusation, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant, Anar Singh Yadav involved in Case Crime No. 583 of 2021, under Sections 354, 504, 506 IPC, Police Station Chakeri, District Kanpur Nagar, 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.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 29.10.2021 M. ARIF (Samit Gopal, J.)