Ayush Tiwari v. State Of U.P. And 3 Others

Heard learned counsel for the applicant and learned A.G.A. for the State. The present application under Section 438 Cr.P.C. has been filed by the applicant seeking anticipatory bail apprehending arrest in Case Crime No. 369 of 2021, under Sections 504/506/384/354(gha)/354(ga) IPC, Section 66(E) of Information Technology Act, 2008 & Section 11/12 POCSO Act, Police Station- Kayamganj, District- Fatehgarh. Learned counsel for the applicant has submitted that the applicant is innocent and has falsely been implicated in the present case. Learned counsel further submits that initially, the FIR was lodged U/s 504/506 IPC & 66(E) I.T. Act in which no date or time is mentioned. During course of investigation, the case was converted U/s 354(C)/354(D) IPC & 11/12 POCSO Act. It is further submitted that during course of investigation, the applicant was never arrested. The investigating officer without proper investigation filed charge-sheet against the applicant.

Further submission is that no disclosed offence is made out against the applicant and he is ready to cooperate in the trial. Learned AGA vehemently opposes the prayer of the applicant and submits that the allegation against the applicant is for stalking the victim. In the statement of the victim, she supported the entire prosecution version. Sufficient evidence was collected against the applicant and the accusation against him is well established. There is no reason for false implication of the applicant. The offence is serious in nature. Thus, the application is liable to be rejected. Considering the aforesaid facts and circumstances of the case, I am of the view that this is not a fit case for anticipatory bail and is hereby refused. However, it is provided that if the applicant appears before the court below and applies for bail, then his bail application shall be considered and decided expeditiously in accordance with law propounded by the Apex Court in Satender Kumar Antil Vs.

Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No.5191 of 2021, decided on 07.10.2021. In this case Hon'ble the Apex Court has already laid down guidelines for grant of bail, without fettering the discretion of the courts concerned and the statutory provisions governing consideration in grant of bail, no specific directions need be issued by this Court as it is expected that the court concerned will take into consideration the necessary guidelines already issued by the Apex Court. With these observations/directions, this application is disposed of. Order Date :- 22.9.2022 Shravan KUMAR Reason: Location: High Court of Judicature at Allahabad