Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33232 of 2019 Applicant :- Lokesh Kumar Opposite Party :- State Of U.P. And Anothers Counsel for Applicant :- Ram Chandra Tripathi,Pankaj Kumar Tiwari Counsel for Opposite Party :- G.A.,Rama Shankar Mishra And Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33239 of 2019 Applicant :- Anjali Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Chandra Tripathi,Pankaj Kumar Tiwari Counsel for Opposite Party :- G.A.,Rama Shankar Mishra
Hon'ble Rajul Bhargava,J.
Since, both the above cases arise out of same case crime number, they are being decided by this common order.
Heard Sri R.C. Tripathi and P.K. Tiwari, learned counsels for the applicants, Sri Rama Shankar Mishra, 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.
Submission of the learned counsel for the applicants is that the applicants have been falsely implicated in the present case by the first informant on account of the fact that the applicant, Anjali is the real sister and applicant, Lokesh is the cousin of main accused Amit against whom the prosecutrix aged about 16 years has levelled serious allegations of sexual assault on her. The only allegation against the applicants is that they had assisted the main accused Amit in the elopment of the victim and their case is distinguishable from that of main accused Amit whose bail application has already been rejected by this court today itself in Criminal Misc. Bail Application No.33191 of 2019. The applicants have no other reported criminal antecedent.
Learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that they have no criminal antecedents, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants- Lokesh Kumar and Anjali involved in Case Crime No. 184 of 2019, under Sections 376, 120-B, 406 I.P.C. and Section 4 of POCSO Act, Police Station- Chhatari, District- Bulandshahr, they 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 each of them 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 applicants shall make themselves available for interrogation by a police officer as and when required;
(ii) the applicants 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 applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them 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 applicants.
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 applicants.
The applicants are 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 :- 26.8.2019 Vikas