Allahabad High Court

Prabhakar Singh vs State Of Up And 2 Others on 25 April, 2024

Author:
Shekhar Kumar Yadav

Bench:
Shekhar Kumar Yadav

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Neutral Citation No. - 2024:AHC:73019

Court No. - 74

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4197 of 2024

Applicant :- Prabhakar Singh

Opposite Party :- State Of Up And 2 Others

Counsel for Applicant :- Sanjay Maurya

Counsel for Opposite Party :- G.A.

Hon'ble Shekhar Kumar Yadav,J.

1. Heard Mr. Sanjay Maurya, learned counsel for the applicant and learned Additional Government Advocate for the State.

2. This anticipatory bail application (under
section 438
Cr.P.C.) has been moved seeking bail in Case Crime No.369 of 2023, under
Sections 498A
,
,
,
354A
,
354B
,
,
,
,
IPC and 3/4
DP Act
, Police Station Sadar Bazar, District Agra.

3. Learned counsel for the applicant submits that applicant has been falsely implicated in the present case just to harass the applicant in fact no such incident has taken place as alleged in the impugned FIR. The applicant has never committed any offence as alleged in the impugned FIR. The applicant is unmarried brother in law (jeth) of the victim. Due to matrimonial differences between victim and her husband, the victim has lodged the impugned FIR levelling false and concocted allegation. The incident is alleged to have taken place on 11.06.2023 whereas the impugned FIR has been lodged on 28.07.2024 i.e. 46 days delayed for which no plausible explanation has been mentioned. Only general role of causing cruelty and harassment to the victim has been assigned in the F.I.R. and no specific role has been assigned to the present applicant. So far as the allegation of rape is concerned, there are material contradictions in the contents of the F.I.R. and also in the statements of the victim recorded under
Sections 161
and
CrPC. The statement of the victim under
Section 161
CrPC has been recorded twice and the same is the position regarding recording of the statement under
Section 164
CrPC and in all statements a twisted story has been stated by the prosecutrix, at one place she alleges commission of rape with her by the present applicant but at the other place in her other statement she resiles from her earlier statement. Medical report does not corroborate the prosecution version. Prima facie no alleged offence is made out against the applicant. He further submits that earlier the applicant was granted anticipatory bail till filing of police report under
Section 173 (2)
Cr.P.C. vide order dated 20.12.2023 passed in Criminal Misc. Anticipatory Bail Application No.14193 of 2023, copy of same has been annexed as Annexure No.8 to the affidavit. Now the charge sheet has been submitted. He further submits that there is apprehension of imminent arrest of the applicant and in case, the applicant is released on anticipatory bail, he will not misuse the liberty and would co-operate with the trial.

4. Learned A.G.A. has vehemently opposed the prayer for anticipatory bail of the applicant but could not dispute the aforesaid contentions raised by learned counsel for the applicant.

5. Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, he is directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of
Sushila Aggarwal vs. State (NCT of Delhi
) 2020 SCC Online SC 98. The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.

6. In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant-Prabhakar Singh, involved in the aforesaid case crime be released on anticipatory bail till conclusion of trial on furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-

(i) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation.

(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 officer.

(iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.

(iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.

(v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.

(vi) In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of
Sushila Aggarwal vs. State (NCT of Delhi
) 2020 SCC Online SC 98.

(vii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under
Section 313
Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against his in accordance with law.

7. In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

8. With the aforesaid observations/ directions, the application is disposed of.

Order Date :- 25.4.2024

Ajeet