Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39724 of 2019 Applicant :- Chhotu @ Subhash Chandra Opposite Party :- State Of U.P. Counsel for Applicant :- Kamal Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the first information report as well as rejection order.
Learned counsel for the applicant submitted that the main allegations of rape and sexual assault are against co-accused Deepak; the prosecutrix in her statement recorded u/s 164 Cr.P.C. annexed as annexure-3 to the affidavit has stated that name of Chhotu i.e. applicant has wrongly been introduced in this case. The applicant has no criminal history. The case of the applicant is distinguishable from that of other co-accused. The matter needs deeper and fairer investigation before any arrest should be given effect to. Therefore, the applicant may be enlarged on anticipatory bail.
Learned A.G.A. has vehemently opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant Chhotu @ Subhash Chandra involved in Case Crime No. 91 of 2019, u/s 363, 366, 504 IPC and Section 7/8 POCSO Act,P.S. Kadaura, District Jalaun, 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 officer 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 them from disclosing such facts to the Court or to any police officer;
(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 certified 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 certified 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.
Let the copy of this order be sent by the Registrar General of this Court to Sessions Judge concerned for it's compliance.
In view of the aforesaid, the application for anticipatory bail is, accordingly, allowed.
Order Date :- 30.9.2019 Dhirendra/