Court No. - 80
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8599 of 2021 Applicant :- Sumit And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jai Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicants, learned A.G.A. for State and perused the material available on record.
Accused-applicants, involved in Case Crime No.72 of 2021, under Section 366 I.P.C., Police Station Puwayan, District Shahjahanpur, applied for anticipatory bail.
Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated by father of victim in the present case. Applicants have committed no offence. He further submitted that as per F.I.R., victim is aged about 20 years and she is fully capable of understanding what was happening with her. She married with applicant no. 1 Sumit and she is living with him as his wife. In case the applicants are enlarged on anticipatory bail, they shall not misuse the liberty of bail and would co-operate with the investigation.
Learned A.G.A. has vehemently opposed the prayer for granting bail but conceded the factual submissions made by learned counsel for the applicants.
Considering the facts and circumstances of the case, age and alleged marriage of victim with accused applicant no. 1 Sumit and there being no possibility of his fleeing from justice, without expressing any opinion on the merits of the case, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest, applicants Sumit and Satendra shall be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173(2) Cr.P.C. on their furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the Investigating Officer / Court 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 office;
(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 applicant no. 1 Sumit shall make victim available before Investigating Officer for recording her statement under Section 161 and 164 Cr.P.C. as and when required by Investigating Officer, during investigation.
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 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 applicant.
The applicant is directed to produce a computer generated copy of this order downloaded from the official website of Allahabad High Court, before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
The concerned authority shall also 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.
Order Date :- 6.4.2021 / Manoj