Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10210 of 2021 Applicant :- Hemant And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahesh Chandra Tiwari Counsel for Opposite Party :- G.A,Pankaj Sharma,Prashant Sharma And Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10873 of 2021 Applicant :- Rajesh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahesh Chandra Tiwari,Kiran Tiwari Counsel for Opposite Party :- G.A.,Pankaj Sharma,Prashant Sharma
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicants and learned AGA for the State are present.
Criminal Misc. Anticipatory Bail Application No. 10210 of 2021 has been filed by the applicants - Hemant, Golu, Manish @ Manish Kumar and Ramu in Case Crime No. 68 of 2021, under Sections 147, 148, 323, 452, 354 I.P.C. and Section 7/8 of the POCSO Act, P.S.- Hathras Gate, District - Hathras.
Criminal Misc. Anticipatory Bail Application No. 10873 of 2021 has been filed by the applicants - Rajesh, Bhuresh @ Bhuresh Kumar, Pawan and Mukesh in Case Crime No. 68 of 2021, under Sections 147, 148, 323, 452, 354 I.P.C. and Section 7/8 of the POCSO Act, P.S.- Hathras Gate, District - Hathras.
The FIR version is that an incident took place on 14.3.2021 in respect of which on 15.3.2021 FIR was lodged at 3.30 p.m. with the allegations that the accused persons caught the daughter of the informant with bad intention and sexually abused her. She ran away in the house whereupon the accused persons entered into the house with 'lathi' and 'danda' and committed 'marpit. In the incident, Raj Kumar, Pragati, Saurabh and Sarvesh sustained injuries. Injured Rajkumar and Pragati were admitted in Jain Medical College, Aligarh and they were serious.
Submission of the learned counsel for the applicant is that there is an old enmity between the two families and in the year 2018 one FIR was lodged from the side of the applicants in which the informant side pursued for settlement to which the applicants did not agree, therefore, as a counterblast this FIR was lodged with false allegations. Further submission is that on the same date from the side of the applicants, an FIR was also lodged, which is for the offence under Section 147, 148, 325, 504, 506 I.P.C. Submission is that the applicants have been falsely implicated by general allegations and therefore, in the facts and circumstances of the case, prima-facie a case for anticipatory bail is made out. It is further submitted that applicants have no criminal history and applicants are prepared to furnish sureties and bonds, there is no possibility of their either fleeing away from the judicial process or tampering with the evidence.
Learned AGA has vehemently opposed the prayed of bail and has submitted that witnesses have supported the version of the FIR and victim Pragati was examined under Section 164 Cr.P.C. before the Magistrate and she also supported the FIR version and in such kind of case, anticipatory bail should not be granted.
Considering the submissions of both the sides. The very fact that one FIR was also lodged from the side of the applicants, which shows that some incident took place on that very day. The POCSO Act is a special legislation which has been designed to protect the children from sexual abuse and if in such kind of case, anticipatory bail is granted the very purpose of the legislation will be frustrated. It is pertinent to mention that the anticipatory bail is not a substitute of a regular bail and for it, some extraordinary circumstances are required in comparison to regular bail. There should be some special reason for taking recourse of the provisions of anticipatory bail. There must also be a threat of arrest of the accused. The applicants have not been able to show any real threat of arrest or any extraordinary circumstances, as such, I do not find any ground for giving benefit of anticipatory bail, hence both the anticipatory bail applications filed by the applicants is rejected.
A direction is, however, given to the court below that in case applicants surrender and give regular bail application, the same shall be disposed of expeditiously in accordance with law.
Order Date :- 28.7.2021 nd