Court No. - 52
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 18001 of 2021 Applicant :- Vijay Kumar @ Vijay Kumar Sagar 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 Pankaj Mishra, learned counsel for the State and perused the record.
Sri Intekhab Alam Khan, learned counsel for the first informant states that he has filed his vakalatnama in the office on 27.10.2021 but the same is not on record.
Office is directed to trace out the same and place it on record and make a note in the order sheet regarding the same.
This anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant-Vijay Kumar @ Vijay Kumar Sagar, seeking anticipatory bail in Case Crime No. 224 of 2021, under Sections 354, 504, 506 IPC, Police Station Baniyather, District Sambhal.
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 co-accused Suneel Kumar has been granted anticipatory bail vide order dated 27.10.2021 passed in Crl. Misc. Anticipatory Bail Application No. 17988 of 2021 (Suneel Kumar Vs. State of U.P.). There is no previous criminal history as stated in para 19 of the affidavit.
Per contra, learned counsel for the first informant opposed the prayer for anticipatory bail and has informed the Court that the applicant is involved in one other case being Case Crime No.
239 of 2021 under Sections 420, 406, 504, 506 IPC, P.S. Baniyather, District Sambhal and as such the bail application of the applicant deserves to be rejected.
Learned counsel for the State also opposed the prayer for anticipatory bail.
In reply to the arguments of learned counsel for the first informant regarding the criminal antecedents of the applicant, it is argued that the said case is a case of after the present case.
After having heard learned counsels for the parties and perusing the record, it is evident that there appears an application prior to lodging of the First Information Report by the first informant against the accused persons and subsequently present First Information Report has been lodged. There is no allegation that the first informant received any injury. Co-accused Suneel Kumar has been granted anticipatory bail by this Court.
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-Vijay Kumar @ Vijay Kumar Sagar, 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.
Order Date :- 28.10.2021 M. ARIF (Samit Gopal, J.)