Sunil Kumar vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:4915

Court No. - 82

Case :- CRIMINAL APPEAL No. - 12764 of 2024

Appellant :- Sunil Kumar Respondent :- State of U.P. and Another Counsel for Appellant :- Manoj Pathak Counsel for Respondent :- Arjun Singh Yadav,G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant Sunil Kumar with the prayer to set aside the bail rejection order dated 22.05.2024 passed by the Special Judge (SC/ST Act), Pilibhit and release the appellant on anticipatory bail in Case Crime No. 07 of 2024, under Section 363 IPC and 3(2)(V) of SC/ST Act, Police Station Kotwali, District Pilibhit.

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Heard learned counsel for the appellant, learned A.G.A. for the State as well as learned counsel for the opposite party no. 2 and perused the entire record.

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The prosecution story, as unfolded in the F.I.R., is that minor daughter of the informant was enticed away by the present accused appellant and she was taken to Haldwani from Pilibhit and subsequently she came back to her house. Meanwhile an F.I.R. was lodged by father of the victim and investigation started. However, initially the F.I.R. was lodged under Section 363 I.P.C. and Section 3(2)5 SC/ST Act but subsequently charge sheet was submitted.

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It is submitted by the learned counsel for the appellant that the appellant is innocent, he has not committed the alleged offence and has been falsely implicated in this case. It is further submitted that the accused appellant has committed no offence with the minor victim in this case and sexual offence was not committed by the accused appellant as admitted by the victim herself in her statement recorded under Section 164 Cr.P.C. During investigation, the appellant was granted interim anticipatory bail by the coordinate Bench of this Court vide order dated 14.06.2024 in Criminal Appeal Defective No. 1331 of 2024. It is also submitted that during course of investigation, the appellant has cooperated with the investigation. It is next submitted that the appellant is

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having no criminal history and he is entitled for anticipatory bail.

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Per contra, learned learned A.G.A. opposed the prayer for anticipatory bail and it has been submitted that the minor victim was kidnapped by the present accused appellant and made sexual relation with her. The offence is very serious. Charge sheet in the matter has been submitted and the appellant is not entitled for anticipatory bail.

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I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record including the impugned order carefully.

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In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1 , the Hon'ble Apex Court has settled the controversy finally by holding the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial.

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It has been further held therein that anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till end of trial.

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It has been further held by the Hon'ble Apex Court that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, likelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion.

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Hence, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of appellant and all attending facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused and also as per statement of the victim herself recorded under Section 164 Cr.P.C. that no sexual offence has been committed by the present appellant and now charge sheet has been submitted and he has not misused the liberty of interim anticipatory bail, which was granted by coordinate Bench of this Court, without expressing any opinion of the merits of the case, in my view, it is a fit case for anticipatory

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bail to the appellant till end of the trial in the matter.

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Accordingly, the appeal is allowed and the impugned order rejecting the anticipatory bail application of the appellant is setaside and the order dated 14.06.2024 passed by this Court is confirmed till end of trial.

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In the event of arrest of the applicant in the aforesaid case crime, he shall be released on anticipatory bail till end of the trial on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :-

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(i) The applicant shall make himself available before the court concerned on the date fixed in the matter;

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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 him / her 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 his before the S.S.P./S.P. Concerned.

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In case of default of any of the conditions, same may be a ground for cancellation of protection granted to the applicant.

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Order Date :- 9.1.2025 Rmk.

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Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad

Sunil Kumar v. State of U.P. and Another

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Sunil Kumar v. State of U.P. and Another

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