Allowed

Polan Singh @ Kavita Singh v. State of Up and 3 Others

Allahabad HC16 Jul 2024ABAIL/6872/2024

Case brief

AI extract

What is this about?

This is an anticipatory bail application filed by a female applicant accused of offences u/s 376 IPC and POCSO. The court allowed bail till the submission of the police report, noting the co-accused was in a consensual relationship and already out on bail.

What did the court decide?

Grant of anticipatory bail till submission of police report u/s 173(2) Cr.P.C. on furnishing a personal bond of Rs. 50,000/- with two sureties each.

Polan Singh @ Kavita Singh vs State of Up and 3 Others — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:132300

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6872 of 2024

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Applicant :- Polan Singh @ Kavita Singh Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Gaurav Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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The copy of the instructions produced by the learned A.G.A. is taken on record.

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Learned A.G.A. on the basis of instructions submits that notice of the instant application has been served upon the opposite party no. 2- informant and the opposite party no. 4- Child Welfare Committee, Kushinagar on 16.07.2024 and 20.07.2024 respectively. The receiving endorsements as produced by the learned A.G.A. are taken on record. However, no one appears on behalf of the opposite party nos. 2 and 4 nor any counter affidavit has been filed on their behalf.

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Heard learned counsel for the applicant and Sri Anupam Anand, learned Brief Holder for the State- opposite party no. 1, and perused the material placed on record.

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This application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in Session Trial No. 774 of 2022, arising out of Case Crime No. 274 of 2022, under Sections 376(3), 506, 323 I.P.C., 3/4 Protection of Children from Sexual Offences Act and 67 of the I.T. Act, Police Station Ramkola, District Kushinagar.

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Learned counsel for the applicant submits that the applicant is a lady and has been falsely implicated in the instant case. Placing reliance on the medical report of the doctor, it is contended that the victim was aged 18 years. The victim and the co-accused Aditya Singh @ Monu Singh were in consensual relationship. In that regard, whatsapp messages and photographs of the co-accused and the victim have been annexed as Annexure-10 to the affidavit. The applicant was not involved in the alleged incident. It is further contended that co-accused Aditya Singh @ Monu Singh has been

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granted regular bail by this Court vide order dated 06.07.2023 passed in Criminal Misc. Bail Application No. 20096 of 2023. Further, after investigation, charge-sheet was submitted against the co-accused Aditya Singh and the applicant was not charge-sheeted. Thereafter, pursuant to the order dated 24.10.2022 passed by the Additional Superintendent of Police, further investigation against the applicant was directed. In compliance thereof, investigation has again commenced. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of her arrest in the above mentioned case.

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Learned Brief Holder for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Learned 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 and antecedents of the applicant and, in particular, the fact that the applicant is a lady, the victim and co-accused Aditya Singh @ Monu Singh were in consensual relationship and co-accused Aditya Singh @ Monu Singh has been granted regular bail by this Court, without commenting on 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- Polan Singh @ Kavita Singh 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 herself 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 she has passport, the same shall be deposited by her 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 :- 14.8.2024 SKT/-

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Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad

Polan Singh @ Kavita Singh v. State of Up and 3 Others

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Polan Singh @ Kavita Singh v. State of Up and 3 Others

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