Allahabad High Court
Netrapal Singh vs State Of U.P. And Another on 24 July, 2023
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:146425 Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7561 of 2023 Applicant :- Netrapal Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Sharma,Lavesh Sharma Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. Heard Sri Lavesh Sharma, learned counsel for the applicant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and also perused the record.
2. The present anticipatory bail application has been filed on behalf of the applicant in Complaint Case No. 6615 of 2017, under Sections 354B, 294 IPC, Police Station Sikandra, District Agra, with a prayer to enlarge him on anticipatory bail.
3. As per prosecution story, the complainant herein is a clerk in the Nagar Palika Parishad Achhnera, Agra, and the applicant is stated to have called her from his phone no. 9627720798 and passed indecent remarks and had asked her to accompany him to Lucknow. The said matter was reported to higher authorities but the matter could not proceed any further. Subsequent to it, the applicant is stated to have even outraged her modesty sevral times and even attempted to rape her. The complaint case was filed on 31.8.2017.
4. Learned counsel for the applicant has stated that the applicant is a contractor in the department and is maliciously being prosecuted in the present case out of vengeance. He has the apprehension of his arrest. The applicant has nothing to do with the said offence as alleged by the prosecution.
5. 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. It is further submitted that the applicant has no criminal antecedents. In case, the anticipatory bail application of the applicant is allowed, he will not misuse the liberty and shall cooperate with trial.
6. On the other hand, learned A.G.A. has vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history.
7. On due consideration to the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98", the applicant is entitled to be granted anticipatory bail in this case.
8. Without expressing any opinion upon ultimate merits of the case either ways which may adversely affect the trial of the case, the anticipatory bail application of the applicant is allowed.
9. In the event of arrest of the applicant, Netrapal Singh involved in the aforesaid case crime number, shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:-
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 previous permission of the court;
iv. that 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;
10. In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant.
11. It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
(Justice Krishan Pahal) Order Date :- 24.7.2023\Shalini