Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38191 of 2019 Applicant :- Atul Pandey Opposite Party :- State Of U.P.
Counsel for Applicant :- Arun Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State and perused the record. This application for anticipatory bail, under section 438 Cr.P.C,. has been filed by the applicant, Atul Pandey, for grant of anticipatory bail, during the course of investigation, in Case Crime No.120 of 2019, under sections 147, 452, 354, 323, 504 IPC, read with Section 8 of Protection of Children from Sexual Offences Act, 2012, Police Station Kurara, District- Hamirpur.
Learned counsel for the applicant argued that it was a case of previous dispute in between the parties and this occurrence took place in between the ladies of both sides for which a case has been registered from the applicant's side too. This case was registered under Sections 147, 323 and 504 IPC on the date of occurrence, i.e., 13.7.2019. Subsequently, upon a report of Pranshi Gupta, against Dipak Yadav, Atul Pandey, Priyam, mother of Priyam and mother of Atul, wherein Dipak has been granted bail by the concerned court. There was no offenece, punishable, under POCSO Act. First information report has been lodged and there is a likelihood of arrest of the applicant, hence this Anticipatory Bail Application, for grant of anticipatory bail to the applicant.
Learned AGA, representing State of U.P., has vehemently opposed anticipatory bail application with this contention that there is an allegation of offence, punishable, under POCSO Act.
Having heard lerned counsel for both sides, gone through the rival contention and considering the nature and gravity of the accusation, antecedents of the applicant, including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence, possibility of the applicant to flee from justice and accused has been made with the object of injring or humiliating the applicant by having so arrested, a case for anticipatory bail is made out.
Accordingly, this Anticipatory Bail Application is allowed.
The applicant, Atul Pandey, involved in above mentioned Case Crime number, if arrested, shall be enlarged on bail by the Station House Officer, concerned, on furnishing a personal bond with two sureties, to the tune of Rs.25,000/-, each, before the court concerned, till submission of report by the Police, under Section 173 of Cr.P.C., after filing an undertaking to the effect that:
(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 concerned 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. He is further directed to furnish an undertaking that he will not interfere with investigation and will not influence any one of the witnesses. He will not tamper with evidence and will not indulge himself in any criminal activity.
Order Date :- 26.9.2019 bgs/