Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33182 of 2019 Applicant :- Sonu @ Shiva Rathi And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Shashi Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicants 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. The prosecutrix is a married lady and the reality is that she had eloped with the applicant Sonu @ Shiva Rathi and in this behalf the husband of the victim had also lodged a first information report on 28.3.2019 that the prosecutrix has ran away with the applicant Shiva @ Sonu and she has also taken some jwellery along with her. The said F.I.R. was registered under Sections 498 and 506 I.P.C. It appears that on the pressure of her husband the prosecutrix has levelled the allegation of rape against the applicant Sonu @ Shiva and also against the applicant no.2 who is stated to have assisted the applicant Sonu @ Shiva in the commission of crime. The applicants have no other reported criminal antecedent.
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 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- Sonu @ Shiva Rathi and Banti @ Chaman Singh involved in Case Crime No. 198 of 2019, under Sections 376, 342 I.P.C., Police Station- Anoop Shahar, District- Bulandshahar, 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