Dismissed

Kuldeep Kumar Vishwkarma v. State of U.P. and Another

Allahabad HC5 Nov 2024ABAIL/10023/2024

Case brief

AI extract

What is this about?

The Allahabad High Court considered an anticipatory bail application under Section 438 Cr.P.C. filed by Kuldeep Kumar Vishwakarma. The court rejected the plea, finding no good ground for bail in the case involving alleged underage sexual assault.

What did the court decide?

Anticipatory bail application rejected; applicant permitted to appear for regular bail within two weeks; no coercive action for two weeks.

Kuldeep Kumar Vishwkarma vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:186001

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10023 of 2024

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Applicant :- Kuldeep Kumar Vishwkarma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rampyare Lal Srivastava,Subash Chandra Srivastava

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Counsel for Opposite Party :- Himanshu Srivastava,G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant, learned counsel for the informant and learned AGA on behalf of the State.

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The instant anticipatory bail application has been moved by the applicant for enlarging him on bail in Case Crime No.0050 of 2024, under Section 363 I.P.C. Police Station Hanumanganj, District Kushinagar.

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Learned counsel for the informant has produced High School mark-sheet of the victim. As per High School mark-sheet, victim is below 18 years and has not been recovered. Learned counsel for the applicant next submits that victim is living with the applicant. It is submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.

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Learned A.G.A. has vehemently opposed the prayer for bail and has submitted that the applicant is not entitled for any indulgence by this Court. Hence, the anticipatory bail application of the applicant may be rejected.

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The object of Section 438 of the Code of Criminal Procedure is that a person should not be unnecessarily harassed or humiliated in order to satisfy personal vendetta or grudge of complainant or any other person operating the things directly or from behind the curtains.

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It is well settled that discretionary power conferred by the legislature on this Court cannot be put in a straitjacket formula but such discretionary power either grant or refusal of anticipatory bail has to be exercised carefully in appropriate cases with circumspection on the basis of the available material after evaluating the facts of the particular case and considering other

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relevant factors (nature and gravity of accusation, role attributed to accused, conduct of accused, criminal antecedents, possibility of the applicant to flee from justice, apprehension of tempering of the witnesses or threat to the complainant, impact of grant of anticipatory bail in investigation or society etc.) with meticulous precision maintaining balance between the conflicting interest, namely, sanctity of individual liberty and interest of society.

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Without expressing any opinion on merits of the case and considering the submissions advanced, the nature and gravity of the accusation, I find no good ground for anticipatory bail to the applicant in the aforesaid case.

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Accordingly, the anticipatory bail application of the applicant- Kuldeep Kumar Vishwakarma , involved in aforesaid case crime number is, hereby, rejected .

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It is provided that in case the applicant appears before the trial court within two weeks from today and apply for regular bail, the same shall be decided expeditiously in accordance with law.

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For the period of two weeks from today or till the time of surrender of the applicant before the Court below, whichever is earlier, no coercive action shall be taken against him.

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Order Date :- 27.11.2024 SKD

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Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad

Kuldeep Kumar Vishwkarma v. State of U.P. and Another

Case brief

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Kuldeep Kumar Vishwkarma v. State of U.P. and Another

Case brief

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