Anuj Singh @ Anuj Kumar Singh Vs State of U.P. Thru. Addl. Chief Secy. Home Lko

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Neutral Citation No. - 2024:AHC-LKO:36323

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5120 of 2024

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Applicant :- Anuj Singh @ Anuj Kumar Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko

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Counsel for Applicant :- Pranshu Agrawal,Chandan Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant, Sri Akshya Kumar Singh, learned counsel for the informant as well as learned A.G.A. and perused the record.

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2 . In terms of the FIR, it was alleged that for the last five years on the false pretext of marriage, physical relations were being made by the applicant with the informant. The FIR also records that operation was done at the instance of the applicant and now the applicant had got engaged somewhere else. Similar statements were given under Section 161 & 164 Cr.P.C.

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3 .In the light of the said, the submission of the counsel for the applicant is that the victim is aged about 29 years and relationship in between the applicant and the victim continued over a span of five years, as such, the allegation for an offence under Section 376 IPC are primarily for falsely implicating the applicant in the present case, as such, the applicant may be enlarged on bail.

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4. Learned A.G.A. as well as the counsel for the informant strongly opposed the bail prayer by arguing that at various places and including visits to Doctor, the applicant and the victim had disclosed themselves as husband and wife. He further argues that the applicant has criminal

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history of as many as ten cases including the present case. Considering these facts the bail application should be rejected. The counsel for the informant further argues that a threat was issued by two persons (not the applicant) which was duly disclosed in the statement under Section 164 Cr.P.C.

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Considering the submissions made at the Bar, prima facie, in terms of the allegation, the relationship in between the applicant and the victim continued over a span of five years. Considering the law as laid down in the case of Deepak Gulati Versus of State of Haryana, AIR 2013 SC 2071, the criminal history of the applicant as disclosed by the counsel for the informant are minor offences and there is no offence similar to the offence allegedly in the present case against the applicant, the applicant is enlarged bail. Accordingly, the bail application is allowed.

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6. Let the applicant Anuj Singh @ Anuj Kumar Singh be released on bail in FIR/ Case Crime No. 86 of 2024, under Section 376, 313 IPC, Police Station Para, District Lucknow, on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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 ofÏcer or tamper with the evidence.

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Order Date :- 10.5.2024 Arun

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Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Anuj Singh @ Anuj Kumar Singh v. State of U.P. Thru. Addl. Chief Secy. Home Lko

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Anuj Singh @ Anuj Kumar Singh v. State of U.P. Thru. Addl. Chief Secy. Home Lko

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