Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4418 of 2021 Applicant :- Pawan Kumar And 3 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Udai Bhan Singh,Avanish Pratap Singh Counsel for Opposite Party :- G.A.,Om Narayan Mishra
Hon'ble Siddharth,J.
Heard learned counsel for the applicant; Sri Om Narayan Mishra, learned counsel for the informant and learned A.G.A for the State.
The instant anticipatory bail application has been filed with a prayer to grant anticipatory bail to the applicants, Pawan Kumar, Dinesh, Rohit and Gopendra, in Case Crime No. 532 of 2020, under Sections- 376-D and 506 I.P.C., Police Station- Sadar Bazar, District- Saharanpur.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required.
Counsel for the parties agreed that the applicant no. 3, Rohit, has been arrested and therefore this application has become infructuous, so far as the applicant no. 3 is concerned. It is accordingly rejected.
There is allegation of gang rape levelled against remaining applicants by the informant. Learned counsel for the applicants has submitted that the present FIR has been lodged by the wife and aunt and two accused persons who have been implicated earlier by the applicant's side in the FIR dated 01.09.2020 lodged under Sections 452, 376, 3/4 and 16/17 of POCSO Act.
In view of the above implication of the husband and nephew of the informant, informant has lodged false FIR against the applicants by way of counter blast.
Regarding applicant nos. 1, 2 and 4, namely, Pawan Kumar, Dinesh and Gopendra, it is directed that they shall be released on anticipatory bail till cognizance is taken by the Court on the police report, if any, under section 173 (2) Cr.P.C. before the competent Court on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station/ concerned Court with the following conditions:-
(i) The applicants shall make themselves available for interrogation by the 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 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.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In default of any of the conditions, the Investigating Officer/Govt. Advocate 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, if pending, of the present case in accordance with law, expeditiously, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicants.
The applicants are directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today, if investigation is in progress, who shall ensure the compliance of present order.
Order Date :- 6.4.2021 Rohit