Allowed

Aman Patel v. State of U.P. Thru. Prin. Secy. Home Crime and Investigation Deptt. Lko. and 3 Others

Allahabad HC5 Nov 2024/115/2024

Case brief

AI extract

What is this about?

Court granted anticipatory bail to applicant amid apprehension of arrest in a case involving alleged child sexual offenses and other IPC sections, relying on Aiil Kant dictum for liberty protection till trial conclusion.

What did the court decide?

Release on anticipatory bail in case crime number 200 of 2024 upon furnishing personal bond of Rs. 50,000/ with two sureties and complying with specified conditions.

Aman Patel Vs State of U.P. Thru. Prin… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:72892

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Court No. - 11

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Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 115 of 2024

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Applicant :- Aman Patel Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Crime And Investigation Deptt. Lko. And 3 Others Counsel for Applicant :- Sheo Prakash Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Sheo Prakash Singh, learned counsel for the applicant, Sri Ran Vijay Singh, learned Additional Government Advocate for the State and Sri Aman Kumar Srivastava, learned counsel who has filed 'Vakalatnama' on behalf of opposite party no. 2 / complainant.

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By means of present anticipatory bail application, the applicant has shown his apprehension of arrest in Case Crime No. 200 of 2024 u/s 363, 323, 376, 506 IPC and 5L, 6 POCSO Act, P.S. Kunda, District Pratapgarh. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence alleged in the F.I.R.

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The attention has been drawn towards the impugned F.I.R. wherein the period of incident has been indicated as 'From 30.5.2024 to 07.06.2024' but the F.I.R. has been lodged on 12.7.2024 and no explanation of delay in lodging F.I.R. has been explained. In the impugned F.I.R. as well as the statement of the prosecutrix the main allegation of establishing physical relation with the prosecutrix has been levelled against the co-accused namely, Ranjeet Kumar Patel.

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Learned counsel for the applicant has shown the copy of charge-sheet being filed before the Court by the Investigating Officer on 13.8.2024 to show that against the main accused Ranjeet Kumar Patel the offence u/s 363,366, 376,506 IPC and 5/6 POCSO Act are said to have been established but against the present applicant only allegation u/s 363 and 366 IPC appear to be established. There is no allegation against the present applicant for committing rape.

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The co-accused Ranjeet Kumar Patel has been granted bail by this Court on 21.9.2024 in Criminal Misc. Bail Application No. 10074 of 2024 (Ranjeet Kumar Patel vs. State of U.P. and others).

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Learned counsel has drawn attention of this Court

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towards para 30 of the bail application wherein he has categorically indicated that till date no coercive steps have been taken against the present applicant as no warrant has been issued against him nor any proclamation u/s 82/83 Cr.P.C. have been issued. The applicant has cooperated with the investigation and he undertakes that he shall cooperate in the trial proceedings and he shall not misuse the liberty of bail, if granted.

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Learned counsel for the applicant has stated that the radiological age of the prosecutrix has been found as 18 years.

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The present applicant is having no prior criminal history of any kind whatsoever, therefore, his liberty may be protected till the conclusion of trial.

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Learned counsel has further submitted that the applicant is ready to participate in the proceedings, therefore, his liberty may be protected till conclusion of trial in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98 .

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Per contra, learned counsel for the opposite parties opposed the prayer of learned counsel for the applicant and informed that against the present applicant the investigation is going on, therefore, any appropriate order may be passed.

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Without entering into the merits of the issue and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the undertaking of the applicant that he shall cooperate with the trial, it would be expedient in the interest of justice that the liberty of the applicant may be protected till conclusion of trial in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98 ..

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Therefore, it is directed that in the event of arrest, applicant shall be released on anticipatory bail in the aforesaid case crime number on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the arresting authority/ court concerned with the following conditions:-

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the present applicant shall appear before the investigation officer on 9.11.2024 at 11.00 A.M. to cooperate in the investigation and to provide all relevant information / evidence which is within his possession. He shall further cooperate in the investigation proceedings till completion of investigation and filing of the police report. In case

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the present applicant does not appear before the investigation officer on 9.11.2024 in terms of this order, any appropriate application may be filed by the State for cancellation of this order.

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that the applicant shall not pressurize/ intimidate the prosecution witness;

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that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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that the applicant shall not leave India without the previous permission of the court;

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Before parting with, learned trial court is directed to conduct and conclude the trial with expedition and no unnecessary adjournment shall be given to any of the parties.

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In view of above, the present anticipatory bail application is allowed .

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[Rajesh Singh Chauhan, J.]

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Order Date :- 5.11.2024 Om

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Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Aman Patel v. State of U.P. Thru. Prin. Secy. Home Crime and Investigation Deptt. Lko. and 3 Others

Case brief

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Aman Patel v. State of U.P. Thru. Prin. Secy. Home Crime and Investigation Deptt. Lko. and 3 Others

Case brief

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