HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 34881 of 2019
Applicant :- Vikrant Chaudhary
Opposite Party :- State Of U.P And Another
Counsel for Applicant :- Saumitra Dwivedi,Akash Tomar
Counsel for Opposite Party :- G.A.,Kuldeep Singh Chahar
Hon’ble Rajul Bhargava,J.
Heard Sri Vinay Saran, learned senior counsel assisted by Sri Akash Tomar, Sri Pradeep Kumar Mishra, Ms. Kritika Singh, Sri Alok Dubey, learned counsel for the applicant, Sri Kuldeep Singh Chahar, counsel for the informant, learned A.G.A for the State and perused the first information report as well as rejection order.
Learned counsel for the applicant submitted that the dispute of the prosecutrix is with her husband on account of matrimonial discord but first informant had lodged F.I.R. implicating the applicant, who is brother-in-law and all other family members including husband. He further argued that there is patently vague allegation that the applicant had attempted rape on her without disclosing therein manner in which the applicant had attempted to commit rape. Learned counsel states that at best even if the allegations made in the F.I.R. are assumed to be correct, offence would not travel beyond the purview of Section 354 IPC. He has further argued that the F.I.R. was lodged after six months of the alleged incident, no medical examination has been done. He further submitted that bail application of co-accused to whom specific allegation has been made, has been rejected by the Court in Crl. Misc. Bail Application No. 34866 of 2019 vide order dated 11.9.2019. However, father-in-law and mother-in-law have been granted interim relief by the Court.
Learned counsel for the informant has vehemently opposed the prayer for bail and submitted that the applicant is also one of the main accused and allegations against him is of attempt to commit rape on her Bhabhi, are grievous in nature.
Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant Vikrant Chaudhary involved in Case Crime No. 399 of 2019, u/s 323, 307, 376, 511, 498A, 507 SectionIPC and 3/4 D.P. Act, P.S. Sikandra, District Agra shall be released on anticipatory bail till the submission of police report if any under Sectionsection 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 applicant shall make himself available for interrogation by a police officer as and when required;
(ii) 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 them from disclosing such facts to the Court or to any police officer;
(iii) the applicant 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 applicant.
The applicant is 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.
Let the copy of this order be sent by the Registrar General of this Court to Sessions Judge concerned for it’s compliance.
Order Date :- 18.9.2019