Allahabad High Court
Hemant Kumar vs State Of U.P. on 16 December, 2020
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9298 of 2020 Applicant :- Hemant Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Markanday Singh,Archit Mandhyan Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Order on Criminal Misc. Exemption Application This exemption application is allowed.
Order on Criminal Misc. Anticipatory Bail Application The instant anticipatory bail application has been filed on behalf of the applicant, Hemant Kumar, with a prayer to release him on bail in Case Crime No. 682 of 2019, under Sections- 3/4 of Protection of Children From Sexual Offences Act, Police Station- Highway, District- Mathura.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A. as per Section 438 (3) Cr.P.C. (U. P. Amendment) is not required.
The applicant was enlarged on anticipatory bail on 05.10.2020 vide Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 6363 of 2020 u/s 363, 366, 366A, 368, 376D I.P.C. Learned counsel for the applicant has submitted that subsequently the police has implicated him for offence u/s 3/4 of POCSO Act and hence, he has approached this Court for grant of bail under the aforesaid Act also. It is next submitted that bail was granted under the offences and the changing of section will not disentitle the applicant to the benefit of anticipatory bail. The applicant has no criminal history to his credit. He has definite apprehension that he may be arrested by the police any time.
Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicant is entitled to be released on anticipatory bail for limited period in this case considering the exceptions considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and order dated 22.05.2020 passed by this Court in Criminal Misc. Anticipatory Bail Application No. 2609 of 2020.
In the event of arrest of the applicant, he shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on furnishing a personal bond of Rs. 25,000/- 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:-
(i) The applicant shall make himself available for interrogation by the 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 office;
(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 him before the S.S.P./S.P. concerned;
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad;
(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
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, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
Order Date :- 16.12.2020 KS