Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40279 of 2019 Applicant :- Jitendra Sahu Alias Sonu Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ray Sahab Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ray Sahab Yadav, learned counsel for the applicant,Sri Amit Singh, learned counsel for the informant- opposite party no.3 and learned A.G.A. appearing for the State and perused the record.
Learned counsel for the applicant submitted that according to the F.I.R. grand daughter of first informant, as per the high school certificate, is major girl aged about 20 years and she has solemnized marriage with the applicant against wishes of her family members. He has further submitted that alleged victim and the applicant jointly filed Criminal Misc. Writ Petition No.20418 of 2019, however, the writ petition was dismissed by holding that the applicant may move an application under Section 438 Cr.P.C. for grant of anticipatory bail. Learned counsel for the applicant states that the applicant shall file an undertaking that he will produce the prosecutrix before the Investigating Officer for recording of her statements under Sections 161 and 164 Cr.P.C. but his personal liberty may be protected by way of anticipatory bail. In case of violation of any undertaking given by him, his anticipatory bail may stand automatically rejected.The applicant has no criminal antecedent to his credit. Therefore, the applicant may be enlarged on anticipatory bail.
Learned A.G.A. and learned counsel for the informant vehemently opposed the prayer for bail but they could not dispute that prosecutrix is major aged about 20 years. However, they state that recording of statement of the prosecutrix is absolutely necessary and thus the applicant may be directed to produce her before the Investigating Officer within three weeks for recording of her statement.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant, Jitendra Sahu alias Sonu involved in Case Crime No. 113 of 2019 under Section 366 I.P.C., Police Station Gursarai, District Jhansi, 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.
(iv) the applicant is directed to produce the prosecutrix before the Investigating Officer within three weeks from today for recording of her statements under Sections 161 and 164 Cr.P.C. In case of violation of any undertaking given by him, his anticipatory bail shall stand automatically rejected.
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.
In view of aforesaid, the application for anticipatory bail is, accordingly, allowed.
Order Date :- 27.9.2019 MN/-