Sushil Kum ar Arya v. St at e of Ut t arakhand and Anot her

: Mr. Akshay Lat wal, Assist ant Governm ent Advocat e. H o n ’ b l e A l o k Ku m a r Ve r m a ,J. This Applicat ion has been filed by t he applicant- Sushil Kum ar Arya for ant icipat ory bail Case Crim e No.115 of 2021 ( Special Sessions Trial No.26 of 2021) , regist ered at Police St at ion Jhabrera, Dist rict Haridwar. The present case is pending for t he offence under Sect ion 376( 2) ( n) , Sect ion 506 of t he I ndian Penal Code, 1860, Sect ion 3( 1) ( w) ( i) ( ii) and Sect ion 3( 2) ( v) of t he Scheduled Cast es and t he Scheduled Tribes ( Prevent ion of At rocit ies) Act , 1989 ( in short , “Act , 1989” ) . 2 . Mr. Akshay Lat wal, learned Assist ant Governm ent Advocat e, subm it t ed on inst ruct ion t hat 1 t he inform ant- vict im has been t he inform ed by I nvest igat ing Officer. There is no represent at ion from t he inform ant ’s side. 3 . According t o t he First I nform at ion Report dat ed 13.03.2021, t he inform ant was a st udent at t he int erm ediat e college. She belongs t o t he Scheduled Cast e. Applicant was a t eacher in t he said college. Applicant called her t o his house for English t uit ion on

29.07.2020. He gave her a cold drink. She becam e unconscious aft er t aking it . When she regained consciousness, she found herself naked. Applicant had m ade a video of her. He t hreat ened her and raped her several t im es. 4 . Mr. Navneet Kaushik, Advocat e, cont ended t hat on 29.07.2020, lockdown was in force. During t he invest igat ion, t he I nvest igat ing Officer found t hat t he applicant sought perm ission from t he Execut ive Officer, Nagar Panchayat , Jhabrera on 27.07.2020 t o t ravel t o Moradabad as t he perm ission was necessary for t ravel during t he lockdown period. Applicant was grant ed perm ission on 28.07.2020. Applicant was in Moradabad from 28.07.2020 t ill 30.07.2020, t herefore, t he quest ion of com m it t ing t he alleged offence of rape wit h t he inform ant on 29.07.2020 does not arise. The 2 I nvest igat ing Officer confirm ed wit h t he ot her evidence in t he form of ent ry record of t he regist er, m aint ained by t he Sugar Mill at Moradabad, where t he applicant had st ayed, and, on 29.07.2020., t he m obile phone of t he inform ant was locat ed in t he Dist rict Saharanpur, Ut t ar Pradesh. The m edical exam inat ion report of t he inform ant did not support her case. On 29.07.2020, t he result of class XI I was declared and t he inform ant had failed in t he exam inat ion, t herefore, t he quest ion of giving a t uit ion on t he said day does not arise and t he applicant did not know t hat t he inform ant is a m em ber of t he Scheduled Cast e. Therefore, t he provisions of t he Act , 1989 are not at t ract ed in t his case. 5 . Mr. Nanveet Kaushik, Advocat e, furt her subm it t ed t hat t he I nvest igat ing Officer filed a closure report . A prot est pet it ion was filed by t he inform ant . The learned Sessions Judge, Haridwar rej ect ed t he closure report on 01.12.2021. Applicant challenged t he said order before t his Court , in which an int erim order was passed in favor of t he applicant . Applicant was never arrest ed during t he course of t he invest igat ion. He cooperat ed fully in t he invest igat ion. He has no crim inal ant ecedent s. 6 . This is a very old m at t er and in t he fact s and 3 circum st ances of t he case, special circum st ances exist in t his case warrant ing t he j urisdict ion of t his Court being invoked direct ly. 7 . Mr. Akshay Lat wal, learned Assist ant Governm ent Advocat e, has opposed t he ant icipat ory bail applicat ion orally. 8 . Personal libert y under Art icle 21 of t he Const it ut ion of I ndia is very precious fundam ent al right it should be curt ailed only when it becom es im perat ive according t o t he peculiar fact s and circum st ances of t he case. 9 . Having heard t he subm issions of learned counsel for t he part ies and keeping in view of t he fact s and circum st ances of t he case, wit hout com m ent ing on t he m erit s or de- m erit s of t he case, t he present Applicat ion, filed for ant icipat ory bail, is allowed. I t is direct ed t hat in t he event of arrest of t he applicant Sushil Kum ar Arya, he shall be released on ant icipat ory bail on execut ing a personal bond of Rs. 30,000/ - and t wo reliable suret ies, each of t he like am ount , t o t he sat isfact ion of t he Arrest ing Officer, subj ect t o t he following condit ions: - ( i) Applicant shall at t end t he t rial regularly and he shall not seek any unnecessary adj ournm ent ; 4 ( ii) Applicant shall not direct ly or indirect ly m ake any inducem ent , t hreat or prom ise t o any person, acquaint ed wit h t he fact s of t his case; ( iii) Applicant shall not leave t he count ry wit hout t he previous perm ission of t he t rial court . 1 0 . I n case of breach of any of t he above condit ions, t he Prosecut ion Agency will be at libert y t o appropriat e applicat ion cancellat ion ant icipat ory bail grant ed t o t he applicant . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A LOK K UM A R VERM A , J. Dt : 14.10.2025 Neha NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a8038ee73 26b08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32 DE6BA960BFE64D819EE44CA9CCE487B2FE0F92, cn=NEHA BISHT 5