Allahabad High Court
Komal @ Gomal vs State Of U.P. And Another on 11 January, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 85 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12381 of 2022 Applicant :- Komal @ Gomal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Mrs. Jyotsna Sharma,J.
1. Heard Sri Rajesh Kumar Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the papers on record.
2. The instant application has been moved by the applicant- Komal @ Gomal seeking anticipatory bail in Case Crime No.70 of 2022, under Sections- 363, 366 IPC, Police Station- Pipraich, District- Gorakhpur.
3. As per prosecution case, the informant's minor daughter allegedly 16 years of age (as per allegations in the F.I.R.) was enticed away by the parents of one Anoop and Maina Devi. It is said that they wanted that Anoop may marry his (informant's) daughter.
4. It is contended on behalf of the applicant that she is absolutely innocent; the real story is that the so-called victim had a love relationship with her son and that she (victim) on her own free will and desire left her house and came to them; in her statements recorded under sections 161 and 164 Cr.P.C., she has imputed no allegation at all against the present applicant and others; she (victim) has stated that she is major, her date of birth being 02.01.2004 and that she had left her house as she passionately wanted to marry Anoop and her parents were against this marriage.
5. The application for anticipatory bail is opposed by learned A.G.A. for the State. It is conceded that the victim did not impute any allegation on the applicant and that as per her statement, she was major and wanted to marry informant's son Anoop.
6. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.
7. In the instant case, I considered submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case. In my view, a case for anticipatory bail is made out.
8. Let the applicant, Komal @ Gomal, involved in the aforesaid case crime number be released on anticipatory bail on furnishing a personal bond of Rs. 1,00,000/- (Rupees One Lac) and single surety of the same amount before the court concerned subject to the conditions as below:-
(i) that the applicant shall make herself 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.
9. In case of breach of any of the above conditions, the court below shall have the liberty to cancel the bail granted to the applicant.
10. 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 at any stage of the case based on material before him.
Order Date :- 11.1.2023 Saif