Court No. - 84
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 20029 of 2021 Applicant :- Seetu Opposite Party :- State Of U.P. Through Secretary Home And 3 Others Counsel for Applicant :- Tej Om Prakash Gupta Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 287 of 2021, under sections 342, 376, 504, 506 IPC & Section 3/4 POCSO Act, Police Station- Tundala, District- Firozabad.
Facts in brief are that F.I.R. was lodged on 3.6.2021 by informant/victim against applicant and other co-accused Sushila Devi under Sections 342, 376, 506, 506 IPC & Section 3/4 POCSO Act alleging that on 30.5.2021 in the morning, when she was coming back to her home from her plot, her bhabhi Sushila Devi called her to her home. As she entered the room, she closed the room from inside and applicant who was present in the room caught her and played sound system loudly, thereafter committed rape with her. When door was opened by co-accused Sushila, applicant fled away while threatening her to kill.
It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in this case. False and fabricated F.IR. has been lodged against him to make undue pressure to extract money from him. Further submitted that F.I.R. has been lodged after delay of three days without explanation thereto and no any injury has been found on the person of victim during medical examination. Statement of victim was recorded before the Magistrate on 14.6.2021 in which she has denied the allegation of rape with her by applicant but clearly stated that co-accused Sushila Devi who was bhabhi of victim/informant made insult that was the reason she lodged F.I.R. against her and applicant. Afterwards, during investigation, for the purposes of extracting illegal money, development was made by victim and again her statement was recorded on 6.9.2021, after three months in which she made allegation against the applicant which indicates wrong and ulterior motive of informant. Lastly, it is submitted that the applicant is under apprehension of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.
Learned AGA has opposed the prayer for anticipatory bail and could not explain the reason of contradictory statements made by the victim under Section 164 Cr.P.C. before the Magistrate.
Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98.
In the event of arrest of the applicant- Seetu shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C., on 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 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 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.
Order Date :- 24.12.2021 A. Singh Digitally signed by Justice Subhash Chandra Sharma Date: 2021.12.24 15:10:47 IST Reason: Document Owner Location: High Court of Judicature at Allahabad