Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38543 of 2019 Applicant :- Raviprakash Ahirwar Opposite Party :- State Of U.P.And 2 Others Counsel for Applicant :- Shiv Kumar Singh Rajawat Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for applicant, learned A.G.A. appearing for State and perused the record.
This application under Section 438 Cr.P.C. has been filed by Raviprakash Ahirwar for grant of anticipatory bail during the course of investigation in Case Crime No. 125 of 2019, under Sections 354, 323 I.P.C. and Section 7/8 Protection of Children From Sexual Offences Act, 2012, Police Station Mauranipur, District Jhansi.
Learned counsel for applicant argued that this case was got registered for offence punishable under Section 363 I.P.C., wherein applicant was granted bail. Subsequently, these two sections were added by Investigating Officer, whereas no such offence was made out. Applicant is of no criminal antecedent. Therefore, the applicant may be enlarged on anticipatory bail in those added sections.
Learned A.G.A. opposed the prayer for bail.
Having heard learned counsel for both side and gone through material placed on record, it is apparent that applicant in her statement recorded under Section 164 Cr.P.C. has said nothing incriminating except calling victim by accused in his room, where she went and, thereafter, someone came from backside and gave a push to her, resulting her unconsciousness and felling on ground. Who was that third one is not known to her. For present applicant the accusation is only that much. Hence, without expressing any opinion on the merits of the case, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant, Raviprakash Ahirwar, involved in above mentioned case, he shall be released on anticipatory bail for those added sections i.e. 354, 323 I.P.C. and Section 7/8 Protection of Children From Sexual Offences Act, 2012 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. 20,000/- 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.
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 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 :- 30.9.2019 NS