Allowed

Abhishek Agarwal v. State of U.P.

Allahabad HC22 Nov 2024ABAIL/11307/2024

Case brief

AI extract

What is this about?

This single-judge court granted anticipatory bail to the applicant in an FIR alleging rape and cheating, confining the bail until the submission of the police report. The applicant was released on a personal bond with sureties and conditions regarding appearance and travel.

What did the court decide?

Enlargement of the applicant on anticipatory bail in case Crime No. 01 of 2024 till the submission of police report under Section 173(2) Cr.P.C. on personal bond of Rs. 50,000 with two sureties.

Abhishek Agarwal vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:182656

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Court No. - 69

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11307 of 2024

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Applicant :- Abhishek Agarwal Opposite Party :- State of U.P. Counsel for Applicant :- Ishan Deo Giri,Sarvesh Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard learned counsel for the applicant and learned A.G.A. for the Stateopposite party, and perused the material placed on record.

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This application under Section 438 Cr.P.C. has been filed by the applicant seeking anticipatory bail in Case Crime No. 01 of 2024, lodged through Zero FIR, under Sections 376 and 506 I.P.C. Police Station Hauz Khas, New Delhi.

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Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. In the First Information Report the prosecutrix alleges about rape, coerced and exploited by the applicant who came in contact with the applicant in the year 2023 with regard to property consultancy business. Thereafter several allegations have been levelled against the applicant. According to prosecution version the incident took place between 26.04.2024 to 01.05.2024 whereas, the First Information Report has been lodged on 05.08.2024 after a delay of five months without any plausible explanation for the delay. The real fact is that the present case is a counterblast to a complaint dated 17.06.2024, which was later on registered as First Information Report No. 380 of 2024, lodged by the applicant, against the applicant and her husband namely Sumit Kumar alleging demand of extortion by threatening the applicant of dire consequences and false implication in malicious prosecution. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case.

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Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report.

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Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations, antecedents of the applicant at this stage, there is no substantive evidence against the applicant, without commenting on

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merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report.

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In the event of arrest, the applicant- Abhishek Agarwal be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 50,000/with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

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

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(ii) 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 from disclosing such facts to the Court or to any police officer;

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(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by hi, before the S.S.P./S.P. concerned.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

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The application stands disposed of .

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Order Date :- 22.11.2024 Deepak/

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Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad

Abhishek Agarwal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Abhishek Agarwal v. State of U.P.

Case brief

What is this about?

What did the court decide?

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