The High Court granted anticipatory bail to an applicant in a case involving offences under IPC sections 363, 366, 376, and POCSO. The court noted the applicant had not misused previous bail and ordered release on a personal bond with two sureties.
Released on anticipatory bail on furnishing a personal bond with two sureties.
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Court No. - 80
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11855 of 2022
Applicant :- Avdhesh Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Vajpeyi Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 1077 of 2021, under sections 363, 366, 376 IPC and Section 3/4 POCSO Act, Police Station- Phase-3, District- Gautam Budh Nagar.
It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in this case. In this case, the age of victim was found to be 18 years in the medical examination and as per birth certificate, the date of birth of the victim as 10.7.2002 though as per academic record, she was above 17 years. Further submitted that in her statement under Section 164 Cr.P.C. she stated clearly that she was in love affair with the applicant and went to Bangalore and lived as husband and wife. She also expressed her willingness to live with the applicant. On the basis of age of the victim as per academic record, charge sheet has been submitted by the Investigating Officer without considering the age as was found in medical examination & birth certificate and statement of the victim. Further submitted that applicant was granted anticipatory bail through Criminal Misc. Anticipatory Bail Application No. 1477 of 2020 vide order dated 21.3.2022 till submission of police report under Section 173(2) Cr.P.C. Applicant has not misused the liberty of bail and not violated the conditions therein. In case, he is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.
Learned AGA has opposed the prayer for anticipatory bail and urged that charge sheet has been submitted on the basis of sufficient material, therefore, he is not entitled for anticipatory bail.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and fact that the applicant has not violated the conditions contained in
the anticipatory bail application granted in favour of him earlier, therefore, the applicant is entitled to be released on anticipatory bail during pendency of trial also .
Let the applicant- Avdhesh shall be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
In case, applicant does not cooperate with trial, this order shall be deemed to be automatically vacated or cancelled.
Order Date :- 9.1.2023 A. Singh
Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to anticipatory bail in a case involving alleged sexual offences?
Whether the applicant violates the conditions of the earlier granted bail?
5 provisions across 3 enactments
Avdhesh
State of U.P.
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Subhash Chandra Sharma
