Allahabad High Court
Mohit (Minor) vs State Of U.P. on 31 July, 2023
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:152608 Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8461 of 2023 Applicant :- Mohit (Minor) Opposite Party :- State of U.P. Counsel for Applicant :- Sudhanshu Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Certified copy of the FIR filed today is taken on record.
3. Heard Sri Sudhanshu Kumar Singh, learned counsel for the applicant and Sri R.M. Yadav, learned A.G.A. for the State as well as perused the record.
4. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.238 of 2023, registered under Section 363 IPC at Police Station- Gajraula, District Amroha with a prayer to enlarge him on anticipatory bail.
5. As per prosecution story, the co-accused person Rinku, with the help of the applicant, is stated to have enticed away the minor daughter of the informant, aged about 17 years on 04.04.2023 between 10:00-11:00 a.m. The victim was recovered after sometime and she revealed to her father that another co-accused person Chatrapal had also helped the co-accused persons and an attempt was made to rape her.
6. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The allegations are vague in her statement recorded under Section 164 Cr.P.C., whereby she has stated that she was forcibly abducted on her motorcycle and thereupon she escaped from their clutches and they are stated to have taken her forcible on a bus and somehow she escaped and an attempt was made to rape her.
7. Learned counsel for the applicant has further stated that there are no allegations of any sexual assault against the applicant or any of the co-accused persons. The investigation is going on and the final report has not yet been filed. The allegations against the applicant are under Section 363 I.P.C. only. The applicant himself is minor as his date of birth is 20.04.2006. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There are no criminal antecedents of the applicant. The applicant has apprehension of his arrest. Learned counsel for the applicant undertakes that he has co-operated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
8. Learned counsel has placed reliance on the judgement of this Court dated 24.5.2023 passed in Criminal Misc. Anticipatory Bail Application No. 8361 of 2020 (Mohammad Zaid vs. State of U.P. and another), whereby it has been opined that the anticipatory bail can be filed with respect to a minor.
9. Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicant.
10. On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1". The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
11. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Mohit (Minor) be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i). that the applicant shall make himself available for interrogation by a police officer as and when required;
(ii). that 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 from disclosing such facts to the court or to any police officer or tamper with the evidence;
(iii). that the applicant shall not leave India without the previous permission of the court;
(iv). that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;
(v). that the applicant shall not pressurize/ intimidate the prosecution witness;
(vi). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(vii). that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.
12. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.
(Krishan Pahal, J.) Order Date :- 31.7.2023 Ravi Kant