Allahabad High Court
Ram Kripal Saroj @ Ramkripal And 2 Others vs State Of U.P. on 23 November, 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. - 8098 of 2020 Applicant :- Ram Kripal Saroj @ Ramkripal And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Mishra,Vinod Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
Heard learned counsel for the applicants 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 applicants, Ram Kripal Saroj @ Ramkripal, Dharmendra and Golu Saroj, with a prayer to release them on bail inCase Crime No. 385 of 2020, under Section- 354B, 504 I.P.C., Police Station- Paschim Sharira, District- Kaushambi, during pendency of trial.
There is allegation in the F.I.R. against the applicants regarding outraging the modesty of a woman, namely, Smt. Poonam Devi. Learned counsel for the applicant has submitted that there is prior enmity between the parties and in a Criminal Case No. 374 of 2016 u/s 363, 366, 376-D I.P.C. and Section 4 of POCSO Act, the informant Smt. Poonam Devi has already been summoned u/s 319 Cr.P.C. for facing trial. By way of counterblast, she has lodged the present F.I.R. against the applicants falsely. The applicants are the prosecution side in the aforesaid trial. The applicants have definite apprehension that they may be arrested by the police any time.
Learned A.G.A. has opposed the prayer for anticipatory bail of the applicants.
Hence, the applicants are directed to be enlarged on anticipatory bail without expressing any opinion on the merits of the case and considering the nature of accusations and their antecedents as per the Constitution Bench judgment of the Apex Court in the case ofSushila 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. The future contingencies regarding anticipatory bail being granted to applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.
Let the applicants involved in the aforesaid crime be released on anticipatory bail 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:-
1. The applicants shall not leave India during the pendency of trial without prior permission from the concerned trial court;
2. The applicants shall surrender his passport, if any, to the concerned trial court forthwith. Their passports will remain in custody of the concerned trial court;
3. That the applicants 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 from disclosing such facts to the Court or to any police officer;
4. The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
5. In case, the applicants misuses the liberty of bail, the trial court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case ofSushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
6. The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
7. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
8. 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.
Order Date :- 23.11.2020 KS