High Court · 2025

Heard learned counsel for the applicant and learned A.G.A. for the State. This Court vide order dated 15.02.2023 while granting interim protection to the applicants has passed the following order:- "The applicants have moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Complaint case No.10 of 2019 under section 376-D I.P.C., sections 3/4 of POCSO Act, P.S. Laharpur, district Sitapur. Heard learned counsel for the applicants and learned A.G.A. for the State as also Mr. Dinesh Kumar, learned counsel for the complainant who has filed vakalatnama today in court which is taken on record. The prosecution case is that while the complainant had gone for call of nature, the applicant No.1 caught her and took away in the field and committed rape with her. The other two persons had participated in the assault, however, the allegation of rape is only against applicant No.1 Ramkishun. In her statement under section 161 CrPC also, allegation of rape has been levelled against Ramkishun and not against other two accused applicants No.2 and 3. The medical does not corroborate the prosecution story. However, while giving statement under section 164 CrPC., the prosecutrix has denied the prosecution story and has levelled allegation of rape against all the three accused applicants. It is submitted on behalf of the applicants that as a matter of fact, the first information report is nothing but a counter blast to the first information report lodged by applicant No.1 in respect of murder of his uncle against father, brother and cousin of the complainant. The first information report was registered as crime No.479 of 2018 under sections 302/34 I.P.C., P.s. Laharpur, district Sitapur. The accused are still languishing in jail. The applicants 2 and 3 are real brothers and eye-witnesses in the aforesaid crime case. However, when the murder trial commenced before the trial court, with a view to exert pressure, as a counter blast, present first information report has been lodged falsely implicating the applicants. The investigating officer in this case after conducting investigation and after taking statements of the villagers filed final report, against which a protest application was filed and the case was treated as complaint case vide order dated 22.1.2020. It is further submitted that the applicants have no criminal antecedent and have cooperated in the investigation and further undertake that they shall cooperate in the trial. Learned A.G.A. and complainant's counsel have opposed the bail prayer and submit that the prosecutrix is 15 years old and the statements of the prosecutrix under sections 161 and 164 CrpC are intact, however, they could not dispute the fact that there is improvement in the statement of the prosecutrix under section 164 CrPC wherein she has made allegation of rape against two more accused persons. It is also admitted that the father of the complainant is the accused in the murder case and is in jail. Learned A.G.A. and complainant's counsel are allowed fifteen days' time to file objections. List on 23.3.2023. Considering the fact that charge sheet has been filed and the applicants have cooperated in the investigation and they further undertake to cooperate in the trial, father, brother and cousin of the complainant are accused in Crime No.479 of 2018 (supra) and are in jail, the statement of the prosecutrix recorded under section 164 CrPC, and without expressing any opinion on the merit of the case, I am of the opinion that the applicants are entitled to be released on bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to their cooperation in the trial. In view of the above. the accused applicants are directed to surrender before trial court if they are summoned to face trial for offence in question after filing of the charge sheet. The accused applicants shall be released on anticipatory bail by the trial court on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial Court, with the following conditions. (i) The applicants 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 tamper with the evidence; (ii) The applicants shall not leave India without the previous permission of the court; (iii)The applicants shall not pressurize/ intimidate the prosecution witness; (iv)The applicants shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. It is made clear that the observations made in granting bail to the applicants shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses." Learned counsel for the applicants submits that allegation in the F.I.R. are baseless and applicants have been falsely implicated. The investigating officer has filed the charge sheet without collecting the cogent and tangible evidence. He submits that in compliance of the order dated 15.02.2023, applicants have filed the bail bonds and has been released on interim anticipatory bail by the learned trial court. Applicants undertake to cooperate in the trial. Applicants have not misused the liberty of interim protection granted by this Court. Learned A.G.A. has vehemently opposed the bail application. On due consideration to the submissions advanced, perusal of the record so also the fact that the applicant has cooperated in the investigation and he shall cooperate in the trial, the interim protection granted by this Court vide order dated 15.02.2023 is made absolute in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed. Order Date :- 20.8.2025 Saurabh Yadav/- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Heard learned counsel for the applicant and learned A.G.A. for the State. This Court vide order dated 15.02.2023 while granting interim protection to the applicants has passed the following order:- "The applicants have moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Complaint case No.10 of 2019 under section 376-D I.P.C., sections 3/4 of POCSO Act, P.S. Laharpur, district Sitapur. Heard learned counsel for the applicants and learned A.G.A. for the State as also Mr. Dinesh Kumar, learned counsel for the complainant who has filed vakalatnama today in court which is taken on record. The prosecution case is that while the complainant had gone for call of nature, the applicant No.1 caught her and took away in the field and committed rape with her. The other two persons had participated in the assault, however, the allegation of rape is only against applicant No.1 Ramkishun. In her statement under section 161 CrPC also, allegation of rape has been levelled against Ramkishun and not against other two accused applicants No.2 and 3. The medical does not corroborate the prosecution story. However, while giving statement under section 164 CrPC., the prosecutrix has denied the prosecution story and has levelled allegation of rape against all the three accused applicants. It is submitted on behalf of the applicants that as a matter of fact, the first information report is nothing but a counter blast to the first information report lodged by applicant No.1 in respect of murder of his uncle against father, brother and cousin of the complainant. The first information report was registered as crime No.479 of 2018 under sections 302/34 I.P.C., P.s. Laharpur, district Sitapur. The accused are still languishing in jail. The applicants 2 and 3 are real brothers and eye-witnesses in the aforesaid crime case. However, when the murder trial commenced before the trial court, with a view to exert pressure, as a counter blast, present first information report has been lodged falsely implicating the applicants. The investigating officer in this case after conducting investigation and after taking statements of the villagers filed final report, against which a protest application was filed and the case was treated as complaint case vide order dated 22.1.2020. It is further submitted that the applicants have no criminal antecedent and have cooperated in the investigation and further undertake that they shall cooperate in the trial. Learned A.G.A. and complainant's counsel have opposed the bail prayer and submit that the prosecutrix is 15 years old and the statements of the prosecutrix under sections 161 and 164 CrpC are intact, however, they could not dispute the fact that there is improvement in the statement of the prosecutrix under section 164 CrPC wherein she has made allegation of rape against two more accused persons. It is also admitted that the father of the complainant is the accused in the murder case and is in jail. Learned A.G.A. and complainant's counsel are allowed fifteen days' time to file objections. List on 23.3.2023. Considering the fact that charge sheet has been filed and the applicants have cooperated in the investigation and they further undertake to cooperate in the trial, father, brother and cousin of the complainant are accused in Crime No.479 of 2018 (supra) and are in jail, the statement of the prosecutrix recorded under section 164 CrPC, and without expressing any opinion on the merit of the case, I am of the opinion that the applicants are entitled to be released on bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to their cooperation in the trial. In view of the above. the accused applicants are directed to surrender before trial court if they are summoned to face trial for offence in question after filing of the charge sheet. The accused applicants shall be released on anticipatory bail by the trial court on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial Court, with the following conditions. (i) The applicants 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 tamper with the evidence; (ii) The applicants shall not leave India without the previous permission of the court; (iii)The applicants shall not pressurize/ intimidate the prosecution witness; (iv)The applicants shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. It is made clear that the observations made in granting bail to the applicants shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses." Learned counsel for the applicants submits that allegation in the F.I.R. are baseless and applicants have been falsely implicated. The investigating officer has filed the charge sheet without collecting the cogent and tangible evidence. He submits that in compliance of the order dated 15.02.2023, applicants have filed the bail bonds and has been released on interim anticipatory bail by the learned trial court. Applicants undertake to cooperate in the trial. Applicants have not misused the liberty of interim protection granted by this Court. Learned A.G.A. has vehemently opposed the bail application. On due consideration to the submissions advanced, perusal of the record so also the fact that the applicant has cooperated in the investigation and he shall cooperate in the trial, the interim protection granted by this Court vide order dated 15.02.2023 is made absolute in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed. Order Date :- 20.8.2025 Saurabh Yadav/- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench