Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39448 of 2019 Applicant :- Sanjay Kumar Shukla Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Vashistha Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that applicant has been falsely implicated in the present case, much reliance has been placed on the order which was passed in the writ petition filed by the present applicant in Criminal Misc. Writ Petition No. 9623 of 2019 in which interim protection was granted to the applicant.
This Court perused the interim order which was passed with the following effect:-
"The contention of learned counsel for the petitioner is that the petitioner is already married therefore there can be no promise of marriage. It has been submitted that from the allegations levelled in the impugned F.I.R. it appears that victim had been a consenting party and, admittedly, the victim as well as the petitioner are member of the police force. It has been submitted that from the allegations it appears that there has been a long term relationship between the two hence the allegation of rape are unfounded."
Further contention is that investigation is still pending and has not been completed as yet and no charge sheet has been filed. The matter needs deeper and fairer investigation before any arrest should be given effect to. Therefore, the applicant may be enlarged on anticipatory bail.
Learned A.G.A. opposed the prayer for bail.
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, Sanjay Kumar Shukla involved in Case Crime No. 473 of 2019 under Section 354, 376, 506 I.P.C., Police Station Cantt, District Varanasi, he shall be released on anticipatory bail 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 will join and participate in each and every aspect of "Investigation".
(ii) the applicant shall make himself available for interrogation by a police officer as and when required;
iii) 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;
(iv) 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 or misuse of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 26.9.2019 Ujjawal