High Court
Case Details
Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8630 of 2021 Applicant :- Dr. Waseem Siddiqui Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Yadav,Ali Jamal Khan,Navneet Kumar Mishra Counsel for Opposite Party :- G.A.,Puneet Kumar Verma Hon'ble Rajesh Singh Chauhan,J.
Legal Reasoning
Heard Sri N.I. Jafri, learned Senior Counsel assisted by Sri Ali Jamal Khan, learned counsel for the applicant, Sri Sanjay Kumar, learned counsel for the complainant / informant and learned AGA for the State. By means of present anticipatory bail application, the applicant has shown his apprehension of arrest in Case Crime No. 704 of 2019, under Sections 376, 504, 506 I.P.C., Police Station- Kotwali, District-Ghazipur. At the very outset, learned Senior Counsel has drawn attention of this Court towards annexure no. 2, which is an interim protection granted to the present applicant in his Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.- 4163 of 2020 for the convenience such order dated 28.08.2020 is being reproduced herein below:- "Heard learned counsel for the applicant, Sri Ajay Srivastava, learned A.G.A.-I appearing for the State and perused the record. It is contended on behalf of the applicant that he is innocent and has been falsely implicated in the present case. It is further contended that the prosecutrix is major and aged more than 27 years and without having any physical relation just to black mail the applicant and to earn some money she had lodged the F.I.R. He did not commit any offence as alleged. It is further submitted that he has been implicated in the present case due to ulterior motive. The applicant has no criminal antecedent. Learned counsel for the applicant relied upon the decision of the Hon'ble Supreme Court in the case of (Pramod Suryabhan Pawar Vs. The State of Maharashtra & Anr.) in Cr. Appeal No. 1165 of 2019 arising out of SLP (Crl.) No. 2712 of 2019 decided on 21.08.2019. The case of the applicant is covered by the said judgment of the Hon'ble Supreme Court. 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 antecedent, the applicant is entitled to be released on anticipatory bail in this case. In the event of arrest of the applicant Dr. Vasim Siddhiki involved in Case Crime No. 704 of 2019, under Sections 376/504/506 IPC, Police Station Kotwali, District Ghazipur, shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.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 him from disclosing such facts to the Court or to any police office; (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 computer generated copy of this order downloaded from the official website of Allahabad High Court, before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. The concerned authority shall also verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing." Learned Senior Counsel has submitted that the present applicant has not misused the liberty of interim anticipatory bail and has cooperated with the investigation. After completion of investigation the charge sheet has been filed. Learned Senior Counsel has further submitted that since the liberty of the present applicant was protected till filing of the charge sheet, therefore, after filing the charge sheet when the learned Trial Court concerned summoned the present applicant, out of fear of arrest he could not appear before the Court concerned, however, he is giving undertaking that he shall appear before the learned Court below on the next date fixed and shall cooperate with the trial proceedings. He has also informed that in the meantime non-bailable warrant has been issued against the present applicant. Per contra, learned AGA as well as learned counsel for the informant / complainant has opposed the prayer of the applicant regarding anticipatory bail by submitting that the present applicant has committed rape with the prosecutrix on the basis of false promise of marriage. Notably, the finer aspects of the issue have been considered by this Court while granting interim protection on 28.08.2020 considering the dictum of the Apex Court in the Case of Pramod Suryabhan Pawar (Supra), therefore, I find it appropriate that the liberty of the present applicant be protected till conclusion of the trial. Accordingly, the present anticipatory bail application is allowed. The interim anticipatory bail order dated 28.08.2020 is made absolute till the conclusion of trial on the same terms and conditions, as has been fixed by this Court in its interim protection order dated 28.08.2020. Order Date :- 5.7.2022 SK Srivastava Digitally signed by SAILESH KUMAR SRIVASTAVA Date: 2022.07.07 14:46:56 IST Reason: Location: High Court of Judicature at Allahabad