Allowed

Altaf Husain @ Altaf v. State of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and 3 Others

Allahabad HC5 Apr 2024/548/2024

Case brief

AI extract

What is this about?

This court granted anticipatory bail to the applicant in a case involving offences under Sections 354(D)(i), 504, 506 IPC and POCSO. The court allowed bail in light of the victim's preliminary statement absolving the applicant, no criminal history, and no flight risk, subject to standard conditions.

What did the court decide?

Anticipatory bail granted subject to personal bond, sureties, and conditions to appear for interrogation and not interfere with evidence or witnesses.

Altaf Husain @ Altaf Vs State of U.P Thru. Prin. Secy… — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:27846

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 548 of 2024

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Applicant :- Altaf Husain @ Altaf Opposite Party :- State Of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. And 3 Others Counsel for Applicant :- Ashish Raman Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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Learned AGA has filed its counter affidavit, which is taken on record.

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The instant application has been filed seeking anticipatory bail in FIR/Case Crime No.0162/2022, under Sections 354(D)(i), 504, 506 IPC and Section 7/8 of the Protection of Children from Sexual Office Act, 2012 relating to police station Kotwali Dehat, District Bahraich.

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The record indicates that a Coordinate Bench of this Court by means of the order dated 14.03.2024 had passed an interim order, which read as under:

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"1. Learned AGA informs that instruction in this case has not been furnished to him by the appropriate Authority.

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Learned counsel for the applicant submits that in pursuance of an FIR which has been lodged on false and concocted facts, the local Police is trying hard to arrest the applicant while charged offences are with punishable upto 7 years of imprisonment.

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Having regard to the facts that instructions are yet to be procured by the State, let this matter be listed on 20.3.2024 in the list of fresh cases. It is provided that till 20.3.2024 the applicant- Altaf Husain @ Altaf in the event of his arrest in the above mentioned case shall be released on anticipatory bail on his furnishing a personal bond of Rs.50,000/- with two sureties subject to the condition that he will cooperate in the investigation and would not leave the boundaries of the District Bahraich where he is stated to be living as present.

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The protection order granted by this Court today shall extend beyond 20.3.2024 only under specific and written order of this Court.".

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The contention of the learned counsel for the applicant is that

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the applicant and the victim were known to each other and they were involved in a relationship. It is in the aforesaid context that the FIR came to be lodged.

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Further submission of the learned counsel for the applicant is that in the statement of the victim recorded under Section 161 Cr.P.C., followed by the statement under Section 164 Cr.P.C., a clear averment was made by the victim that she had gone along with the applicant with her own will and neither the applicant has misbehaved nor coerced the victim nor they were in any physical relationship. It is categorically stated by the victim that she is in a romantic affair with the applicant.

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Learned counsel for the applicant further states that the parties and their parents have also entered into a settlement in order to dispose of the matter and on the basis of the said settlement, a petition U/A 482 Cr.P.C., bearing 1 of 2024 has been filed which is engaging the attention of this Court and considering the overall facts and circumstances that the applicant does not have any criminal history and is a young boy having future ahead and have deep roots in the society, consequently, the anticipatory bail application be allowed.

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Learned AGA, on the strength of the counter affidavit, submits that admittedly the age of the victim indicates that she is a minor coupled with the fact that the statement under Sections 161 and 164 Cr.P.C., may not have an impact.

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In the aforesaid backdrop, it is urged that the interim protection be discharged and the anticipatory bail application be dismissed.

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Having considered the aforesaid and from the perusal of the material on record, and noticing that the learned AGA could not dispute the fact that the statement of the victim under Section 164 Cr.P.C., prima-facie absolves the applicant. Insofar as the age is concerned, the same in any case is the subject matter to be tested in trial.

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Learned AGA also could not dispute the fact that there is no criminal history to the credit of the applicant nor he is at flight risk, accordingly, considering the facts and circumstances including the nature and gravity of the accusation, the antecedents of the applicant including that he has no criminal history and no apprehension has been expressed that the applicant is at flight risk, hence, this Court is of the opinion that the applicant can be granted the benefit of anticipatory bail. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed .

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In the event of arrest of the applicant- Altaf Husain @ Altaf involved in the aforesaid FIR/Case Crime Number, shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the Court Concerned, with the conditions:-

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(a) that the applicant shall make himself available for interrogation by the police officer as and when required;

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(b) that 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 or tamper with the evidence;

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(d) that the applicant shall not pressurize/ intimidate the prosecution witness;

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

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In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant.

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It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 5.4.2024 Rakesh/-

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Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench

Altaf Husain @ Altaf v. State of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and 3 Others

Case brief

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Altaf Husain @ Altaf v. State of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and 3 Others

Case brief

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