Allowed

Suman v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC11 Dec 2024ABAIL/2049/2024

Case brief

AI extract

What is this about?

This court converted interim anticipatory bail to absolute bail for the applicant in a minor enticement case. Citing Sushila Aggarwal, the court held that despite the charge-sheet and prosecution opposition, the applicant's cooperation warranted release on bail with standard conditions, leaving the trial court to form an independent opinion.

What did the court decide?

Application allowed; interim anticipatory bail made absolute; directed to surrender to trial court for release on bail with conditions.

Suman Vs State of U.P. Thru. Prin. Secy. Home Lko. and… — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:83008

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Court No. - 16

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2049 of 2024

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Applicant :- Suman Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ashish Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in case crime No.81 of 2022 under Sections 363/120B I.P.C., Police Station Maharua, District Ambedkar Nagar.

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

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None appears for the complainant although notice is served.

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This Court while granting interim protection to the applicant vide order dated 09.09.2024 has passed the following order:-

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"The present application has been filed seeking anticipatory bail in case crime No. 81 of 2022 under Sections 363/120B I.P.C., Police Station Maharua, District Ambedkarnagar.

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Heard learned counsel for the applicant and learned Additional Government Advocate for the State as well as perused the record.

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Learned counsel for the applicant submits that F.I.R. has been lodged by the father of the victim alleging that date of birth as per the mark-sheet of the victim is 16.4.2007. It is alleged that the accused persons have enticed away the minor on 1.7.2022 at about 11.00 p.m. Learned counsel for the applicant submits that the victim in her statement under Section 161 Cr.P.C. and 164 Cr.P.C. has not supported the prosecution case. No allegation of enticing away the victim has been made on the present applicant. He has drawn attention of the Court towards High school mark-sheet (Annexure-6) of the victim and according to which her date of birth is 16.4.2002. He further submits that according to high school marksheet the victim is major, thus, no offence under Section 363 IPC is made out.

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Learned Addl. Government Advocate has opposed the prayer for anticipatory bail. He submits that charge-sheet has been filed in the matter. He prays for and is allowed two weeks' time to file objections/counter affidavit.

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Issue notice to respondent No.2.

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Steps be taken within a week.

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List on 3.10.2024.

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On due consideration to the statements of the victim under Section 161 Cr.P.C. and Section 164 Cr.P.C., mark-sheet of the victim (Annexure-6) as also the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C till the next date of listing.

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Till the next date of listing, it is provided that in the event of arrest, the applicant Suman shall be released on anticipatory bail on her furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court concerned with the following conditions:-

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

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

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3. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; 4. that in case of breach of any of the above conditions the court below shall have the liberty to cancel the anticipatory bail. Such other reasonable conditions which the learned trial court may deem fit may be imposed."

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Learned counsel for the applicant submits that charge-sheet in the matter has been filed. Applicant has co-operated in the investigation and further undertakes to cooperate in the trial.

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Learned A.G.A. has vehemently opposed the bail application, however, he could not show from the material on record that the applicant is not cooperating in the investigation. He further submits that charge-sheet in the matter has been filed.

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On due consideration to the submissions advanced, perusal of the record so also the fact that charge-sheet in the matter has been filed, applicant has cooperated in the investigation and he shall cooperate in the trial, the interim protection granted by this Court vide order dated 09.09.2024 is made absolute 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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In view of the above, since, charge-sheet in the matter has been filed, the accused applicant is directed to surrender before trial court, if he is summoned to face trial for offence in question. The accused applicant shall be released on bail by the trial court on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court concerned with the

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following conditions:-

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(i) 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 tamper with the evidence;

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(ii) The applicant shall not leave India without the previous permission of the court;

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(iii) The applicant shall not pressurize/ intimidate the prosecution witness;

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

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(v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;

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Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.

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

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In view of the aforesaid, the application is allowed.

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Order Date :- 11.12.2024 Renu/-

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Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench

Suman v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Suman v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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