High Court · 2025

Heard learned counsel for the applicant, Sri Santosh Kumar Tripathi, learned counsel for the complainant and learned AGA for the State as well as perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicant on anticipatory bail in Case No. 538 of 2023, Case Crime No. 0450 of 2022, under Section 363 IPC and Sections 16/17 of the Protection of Children from Sexual Offences (POCSO), Act, 2012, Police Station Risiya, District Bahraich. From perusal of the order sheet, it appears that on 21.01.2025, the following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Sri Santosh Kumar Tripathi, Advocate, has put in appearance by way of filing Vakalatnama on behalf of the complainant and the same is taken on record. Heard learned counsel for the applicant, Sri Santosh Kumar Tripathi, learned counsel for the complainant, learned AGA for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 0450 of 2022, under section 363 of the I.P.C. and section 16/17 of the Protection of Children from Sexual Offence (POCSO) Act,2012,Police Station-Risiya, District-Bahraich. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated. He added that the applicant has performed marriage with the alleged victim and they are living as husband and wife and the victim is major now. He next added that if the applicant is arrested, the matrimonial life of the applicant as well as the alleged victim, would be ruined. He submits that the applicant has no previous criminal history and there is no requirement of custodial interrogation of the applicant. He also submits that the chargesheet has been filed and as such, there is no possibility that the applicant would tamper the evidences or would threaten the witness. Further submitted that there is an acute apprehension that the police will arrest the applicant and as such, he may be granted anticipatory bail which he will not misuse. Per contra, learned counsel appearing for the complainant has supported the contentions of learned counsel for the applicant. Learned A.G.A. appearing for the State has also supported the version of the learned counsel for the complainant. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it to be a fit case of anticipatory bail. Till the next date of listing, the present applicant,Saddam @ Inamul Khan,shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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 officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case charge sheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. Let notice be issued to opposite party no. 2 returnable at an early date. Steps be taken within a week If the steps are taken, the office shall proceed accordingly. List/put up this matter in Third Week of February 2025. In the meantime, learned counsel for the State as well as opposite party no. 2 shall file the counter affidavits." From perusal of the order dated 21.01.2025, it transpires that State counsel has failed to demonstrate that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on an interim anticipatory bail after thoroughly considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceeding or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Saddam @ Inamul Khan till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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 officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this protection. Order Date :- 18.2.2025 kkv/ KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Heard learned counsel for the applicant, Sri Santosh Kumar Tripathi, learned counsel for the complainant and learned AGA for the State as well as perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicant on anticipatory bail in Case No. 538 of 2023, Case Crime No. 0450 of 2022, under Section 363 IPC and Sections 16/17 of the Protection of Children from Sexual Offences (POCSO), Act, 2012, Police Station Risiya, District Bahraich. From perusal of the order sheet, it appears that on 21.01.2025, the following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Sri Santosh Kumar Tripathi, Advocate, has put in appearance by way of filing Vakalatnama on behalf of the complainant and the same is taken on record. Heard learned counsel for the applicant, Sri Santosh Kumar Tripathi, learned counsel for the complainant, learned AGA for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 0450 of 2022, under section 363 of the I.P.C. and section 16/17 of the Protection of Children from Sexual Offence (POCSO) Act,2012,Police Station-Risiya, District-Bahraich. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated. He added that the applicant has performed marriage with the alleged victim and they are living as husband and wife and the victim is major now. He next added that if the applicant is arrested, the matrimonial life of the applicant as well as the alleged victim, would be ruined. He submits that the applicant has no previous criminal history and there is no requirement of custodial interrogation of the applicant. He also submits that the chargesheet has been filed and as such, there is no possibility that the applicant would tamper the evidences or would threaten the witness. Further submitted that there is an acute apprehension that the police will arrest the applicant and as such, he may be granted anticipatory bail which he will not misuse. Per contra, learned counsel appearing for the complainant has supported the contentions of learned counsel for the applicant. Learned A.G.A. appearing for the State has also supported the version of the learned counsel for the complainant. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it to be a fit case of anticipatory bail. Till the next date of listing, the present applicant,Saddam @ Inamul Khan,shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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 officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case charge sheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. Let notice be issued to opposite party no. 2 returnable at an early date. Steps be taken within a week If the steps are taken, the office shall proceed accordingly. List/put up this matter in Third Week of February 2025. In the meantime, learned counsel for the State as well as opposite party no. 2 shall file the counter affidavits." From perusal of the order dated 21.01.2025, it transpires that State counsel has failed to demonstrate that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on an interim anticipatory bail after thoroughly considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceeding or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Saddam @ Inamul Khan till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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 officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this protection. Order Date :- 18.2.2025 kkv/ KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench