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Naresh And Another vs State Of U.P. on 7 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 32012 of 2019

Applicant :- Naresh And Another

Opposite Party :- State Of U.P.

Counsel for Applicant :- Purushottam Dixit

Counsel for Opposite Party :- G.A.

Hon’ble Rajul Bhargava,J.

Heard Sri Purushottam Dixit, learned counsel for the applicants, learned A.G.A. appearing for the State and perused the record.

It has been contended by the learned counsel for the applicants that the prosecutrix is the wife of applicants’ brother who was murdered in the year 2017. The F.I.R. was lodged by applicant no.1 wherein both the applicants were witnesses in that case. During trial for extraneous reasons the prosecutrix colluded with accused and did not support the version of the F.I.R. and was declared hostile. Thereafter, applicant no.1 was examined as PW 1 in which he has supported the prosecution version. However, pressure was exerted by the prosecutrix in collusion with accused not to support the prosecution case. When they did not succumb to her demand, present F.IR. has been lodged under Section 354 I.P.C. against them by the prosecutrix. Thereafter, the applicant no.1 was pressurized who ultimately he did not support prosecution version in the cross-examination, only then the victim in her statement under Section 164 Cr.P.C. completely resiled from version set up in the case under Section 354 I.P.C. It is argued that subsequently statement of applicant no.2 was recorded and he was also pressurized to change his version. When he showed his reluctance, the victim lodged instant F.I.R. with the allegation that the applicants had attempted to commit rape upon her. It is argued that the prosecutrix has not even sustained a scratch on her body in the incident.Therefore, the applicants may be released on anticipatory bail.

Learned A.G.A. opposed the prayer for bail.

Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents, the applicants are entitled to be released on anticipatory bail in this case.

In the event of arrest of the applicants, Naresh and Gajendra involved in Case Crime No. 466 of 2019 under Sections 452, Section376, Section511, Section354-A (1)(i), 323 and 506 SectionI.P.C., Police Station Qwarsi, District Aligarh, he shall be released on anticipatory bail till the submission of police report, if any, under Section 173 (2) SectionCr.P.C. before the competent Court on his 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 applicants shall make himself available for interrogation by a police office as and when required;

(ii) 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 office;

(iii) the applicants 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.

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 preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicants.

The applicants are directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

Order Date :- 7.8.2019

MN/-

 

 

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