Court No. - 52
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 17988 of 2021 Applicant :- Suneel Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ram Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Ram Tiwari, learned counsel for the applicant, Sri Intekhab Alam, learned counsel for the first informant and Sri Sanjay Kumar Singh, learned counsel for the State and perused the record.
This anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant-Suneel Kumar, seeking anticipatory bail in Case Crime No.224 of 2021, under Sections 354, 504, 506 IPC, Police Station Baniyather, District Sambhal.
Sri Intekhab Alam, learned counsel for the first informant states that he has filed his vakalatnama in the office on behalf of the first informant today.
Office is directed to trace out the same and place it on record and make a note in the order sheet regarding the same.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the allegation against the applicant and co-accused persons is that they groped the first informant while she had gone to ease herself which is false and incorrect. The first informant had given an application to the police on 6.9.2021 against the applicant and other co- accused persons in which no action was taken and then the present FIR has been lodged on 7.9.2021 showing the date of incident as 6.9.2021 at about 7.30 p.m. The present case is a case of false implication. It is further argued that the applicant has no previous criminal antecedents, the said fact is mentioned in para no.19 of the affidavit.
Per contra, learned counsel for the first informant and learned counsel for the State have opposed the prayer for anticipatory bail and argued that the applicant is named in the FIR and there are allegations against him along with co-accused persons indulging in an immoral act of enraging the modesty of the first informant.
After hearing counsel for the parties and perusing the record, it is apparent that there appears an application prior to lodging of the FIR by the first informant against the accused persons and subsequently present FIR has been lodged. There is no allegation that the first informant received any injury.
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-Suneel Kumar, involved in Case Crime No.224 of 2021, under Sections 354, 504, 506 IPC, Police Station Baniyather, District Sambhal, he 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 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 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 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 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 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 party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant(s) along with a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall 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.
(Samit Gopal, J.) Order Date :- 27.10.2021 Gaurav