Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37383 of 2019 Applicant :- Kapil Raghav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Jitendra Kumar Shishodia Counsel for Opposite Party :- G.A.,Ajay Kumar Pathak,Sudhir Kant Dixit
Hon'ble Rajul Bhargava,J.
Supplementary affidavit annexing therewith the certified copy of the rejection order passed by the Sessions Judge, Hathras in respect of added Sections 377, 316, 317, 507 I.P.C. has been filed, which is taken on record.
Heard Sri Jitendra Kumar Shishodia, learned counsel for the applicant, Sri S.K. Dixit, learned counsel for the informant as well as learned A.G.A. appearing for the State and perused the averments made in the first information report and rejection order.
It has been contended by learned counsel for the applicant that the first informant is the wife of the applicant and she has lodged the first information report with patently false allegation on account of matrimonial discord. He has argued that in the written F.I.R. by the first informant, there is no allegation of unnatural intercourse and other offences, however, in the statement under Section 164 Cr.P.C. in order to make the case graver allegations of sexual assault and torture have been made. The matter needs deeper and fairer investigation before any arrest should be given effect to. The applicant has no other reported criminal antecedents, therefore, the applicant may be enlarged on anticipatory bail.
Per contra, learned A.G.A. as well as learned counsel for the informant opposed the prayer for bail and submitted that the victim has fully supported the prosecution case in the statement under Section 164 Cr.P.C.
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- Kapil Raghav involved in Case Crime No. 101 of 2019, under Sections 498-A, 354, 323, 506, 377, 316, 317, 507 I.P.C. and 3/4 D.P. Act, Police Station- Chandpa, District- Hathras, 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 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 him 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.
The present Criminal Misc. Anticipatory Bail Application is, accordingly, allowed.
Order Date :- 30.9.2019 Vikas