Raja vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

Raja vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to applicant Raja till submission of the police report under Section 173(2) Cr.P.C., on a personal bond with two sureties each in the like amount, subject to conditions (availability for interrogation; no inducement/threat/promise; no exit from India without permission and passport deposit), with liberty to the Investigating Officer to seek cancellation on default, and a direction to conclude the investigation preferably within three months.

Issue for consideration

Whether the applicant Raja, arraigned in Case Crime No. 0237 of 2024 (Sections 363, 366, 323, 504, 506 IPC, P.S. Katghar, District Moradabad), is entitled to anticipatory bail under Section 438 Cr.P.C., and if so, for what period and on what conditions.

Court's answer

Without expressing any opinion on the merits, and considering the nature of accusation and antecedents, the applicant is entitled to be released on anticipatory bail for a limited period, applying the exception indicated by the Supreme Court in Sushila Aggarwal.

Ratio / Principle

Applicant Raja is to be released on anticipatory bail till submission of the police report under Section 173(2) Cr.P.C., on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court.

Key takeaways

Release is subject to conditions: availability for interrogation as and when required (i); no inducement, threat or promise to dissuade any person acquainted with the facts from disclosing them (ii); no departure from India without previous permission and deposit of passport with the S.S.P./S.P. concerned if held (iii); on default of any condition the Investigating Officer may move for cancellation of the anticipatory bail.ratio¶13
The Investigating Officer is directed to conclude the investigation expeditiously, preferably within three months from production of a certified copy of the order, independently and without being prejudiced by any observation made in deciding the anticipatory bail application.ratio¶17

Detailed headnote1 paragraphs

Anticipatory bail under Section 438 Cr.P.C. granted to the applicant in Case Crime No. 0237 of 2024 (Sections 363, 366, 323, 504, 506 IPC, P.S. Katghar, District Moradabad) for a limited period — till submission of the police report under Section 173(2) Cr.P.C. — applying the limited-duration exception indicated by the Supreme Court in Sushila Aggarwal v. State (NCT of Delhi), 2020 SCC OnLine SC 98. CMO report dated 17.05.2024 recorded the victim as major; she had not supported the prosecution story and had solemnized marriage with the applicant. Bail conditioned on furnishing a personal bond with two sureties in the like amount, availability for interrogation, no inducement or threat to witnesses, and no departure from India without permission (passport, if any, to be deposited with S.S.P./S.P.); default exposes the applicant to a cancellation application by the Investigating Officer, who is directed to complete the investigation preferably within three months of production of a certified copy of the order.

Neutral Citation No. - 2025:AHC:19598

Court No. - 70

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 764 of 2025

Applicant :- Raja Opposite Party :- State of U.P. Counsel for Applicant :- Baij Nath Pal,Sanjeev Kumar Khare Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard Sanjeev Kumar Khare, learned counsel for the applicant, learned AGA for the State and perused the material placed on record.

This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 0237 of 2024, under Sections 363, 366, 323, 504, 506 I.P.C., P.S. Katghar, District Moradabad.

Counsel for the applicant submits that applicant has been falsely implicated in the present case. As per CMO report dated 17.05.2024, victim is major. Victim has not supported the prosecution story. Victim has solemnized marriage with the applicant. Allegation in the FIR is false and without support of any evidence. Investigation is going on. Lastly, 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.

Learned AGA opposed the prayer for anticipatory bail of the applicant with the contention that the applicant is not entitled for anticipatory bail as prima facie case is made out. The apprehension of the applicant is not founded on any material on record, only on the basis of imaginary fear, the anticipatory bail cannot be granted.

Without expressing any opinion on the merits of the case and considering the nature of accusation and antecedents, the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98.

Let the applicant Raja, who is involved in the aforesaid crime, be released on anticipatory bail till submission of police report U/s

173(2) Cr.P.C. on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions :-

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

(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;

(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 them before the S.S.P./S.P. concerned.

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.

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 certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

The present anticipatory bail application stands allowed .

Order Date :- 11.2.2025 Nitin Verma

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