Dismissed

Anarkali v. State of U.P. and 3 Others

Allahabad HC18 Oct 2024ABAIL/7943/2024

Case brief

AI extract

What is this about?

The Allahabad High Court rejected an anticipatory bail application filed by Anarkali concerning charges of abduction, criminal conspiracy, and POCSO violations. The bench found no good ground for bail and noted the victim is a minor. The court directed surrender within two weeks for regular bail consideration.

What did the court decide?

Anticipatory bail application rejected. Applicant permitted to surrender and apply for regular bail within two weeks for subsequent consideration.

Anarkali vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:178817

¶2

Court No. - 70

¶3

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7943 of 2024

¶4

Applicant :- Anarkali Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Adarsh Shukla,Ashutosh Tripathi Counsel for Opposite Party :- G.A.

¶5

Hon'ble Deepak Verma,J.

¶6

Heard Sri Ashutosh Tripathi, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶7

The instant anticipatory bail application has been moved by the applicant for enlarging her on anticipatory bail in Case Crime No 476 of 2023, under Sections 363, 120B I.P.C. and Section 5/6 of POCSO Act, Police Station Jhunsi, District Prayagraj.

¶8

It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to ulterior motive; Applicant is not named in the FIR, her name surfaced in the statement of victim recorded U/s 161 and 164 Cr.P.C.. Investigating Officer has submitted charge sheet. It is submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, she would not misuse the liberty of bail and would cooperate with the investigation.

¶9

Learned A.G.A. has vehemently opposed the prayer for bail and has submitted that there is direct allegation against the applicant. Victim is minor and in her statement, recorded before I.O., she has made allegation against the applicant, hence, prima facie offence is made out against the applicant. The applicant is not entitled for any indulgence by this Court. Hence, the anticipatory bail application of the applicant may be rejected.

¶10

The object of anticipatory bail 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.

¶11

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

¶12

circumspection on the basis of the available material after evaluating the facts of the particular case and considering other 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.

¶13

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.

¶14

Accordingly, the anticipatory bail application is rejected .

¶15

However, if applicant surrenders and applies for regular bail before the concerned court below within two weeks from today, the same shall be considered and decided by the court below in accordance with law.

¶16

Order Date :- 14.11.2024 Nitin Verma

¶17

Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad

Anarkali v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Anarkali v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Anuj Mishra vs State of Up and Another

Irshad Ahmad vs State of U.P. and Another

Dinesh Tomar and Another vs State of U.P. and Another

Ishaq and 2 Others vs State of U.P. and Another

Krishna Kumar @ Adda vs State of U.P. and Another

Ikhtiyar Ahsan @ Iftiyar vs State of U.P. and 3 Others