High Court · 2025

3. This first anticipatory bail application has been filed with regard to Case Crime No. 158 of 2023, under sections 354 and 506 of IPC and section 7/8 of Protection of Children From Sexual offence Act, 2012 P.S.- Baundi District - Bahraich.

4. On 17.02.2025, the following order had been passed:- "It has been pointed out learned A.G.A. for the State that notice upon the complainant is served as per the instructions. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 158 of 2023, under sections 354 and 506 of IPC and section 7/8 of Protection of Children From Sexual offence Act, 2012 P.S.- Baundi District - Bahraich. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the applicant is of sixty years of age and earlier there was first information report lodged by the present applicant against the complainant and in-retaliation thereof, the present first information report has been lodged. He added that there is no independent public eye witness of the incident and the first information report has been lodged only to hatch the applicant in criminal cases. Further submission is that the applicant is cooperating with the investigation proceedings and he undertakes that he would never abscond from the same. He added that even after full cooperation of the applicant in the investigation proceedings, the police is adamant to arrest him thus, submission is that the the applicant may be granted anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that the applicant is involved in committed offence, as such, he is not entitled to be released on anticipatory bail. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Mohammad Sajid @ Sajid shall be released forthwith, in case of his arrest 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 chargesheet 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 steps are taken, office shall proceed accordingly. List/put up this matter in third week of March, 2025, as fresh. In the meantime, the State as well as opposite party no. 2 may file their counter affidavits."

5. Counter affidavit on behalf of State has already been filed.

6. Learned Additional Government Advocate on the basis of instruction submits that subsequently charge-sheet has already been filed in the case in which there is no instruction that the applicant did not co-operate during course of investigation. It is admitted that applicant does not have any previous criminal history.

7. Learned counsel for applicant has also drawn attention to the fact that the alleged victim has refused medical examination. It is reiterated that applicant has always co-operated in the investigation and will continue to do so during the course of trial.

8. Learned counsel for complainant has opposed anticipatory bail application with the submission that the statement of victim clearly corroborates allegations levelled against applicant in the FIR. Although it is admitted that the victim has refused medical examination.

9. Considering the aforesaid facts and circumstances, the interim anticipatory bail granted vide order dated 17.02.2025 is hereby made absolute subject to following conditions.

10. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Mohammad Sajid @ Sajid 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.

11. In case of default, it would be open for the Investigating Agency to move application for vacation of this interim protection. Order Date :- 16.4.2025 Satish SATISH KUMAR BHARATI SATISH KUMAR BHARATI SATISH KUMAR BHARATI SATISH KUMAR BHARATI High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench Lucknow Bench Lucknow Bench

3. This first anticipatory bail application has been filed with regard to Case Crime No. 158 of 2023, under sections 354 and 506 of IPC and section 7/8 of Protection of Children From Sexual offence Act, 2012 P.S.- Baundi District - Bahraich.

4. On 17.02.2025, the following order had been passed:- "It has been pointed out learned A.G.A. for the State that notice upon the complainant is served as per the instructions. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 158 of 2023, under sections 354 and 506 of IPC and section 7/8 of Protection of Children From Sexual offence Act, 2012 P.S.- Baundi District - Bahraich. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the applicant is of sixty years of age and earlier there was first information report lodged by the present applicant against the complainant and in-retaliation thereof, the present first information report has been lodged. He added that there is no independent public eye witness of the incident and the first information report has been lodged only to hatch the applicant in criminal cases. Further submission is that the applicant is cooperating with the investigation proceedings and he undertakes that he would never abscond from the same. He added that even after full cooperation of the applicant in the investigation proceedings, the police is adamant to arrest him thus, submission is that the the applicant may be granted anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that the applicant is involved in committed offence, as such, he is not entitled to be released on anticipatory bail. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Mohammad Sajid @ Sajid shall be released forthwith, in case of his arrest 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 chargesheet 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 steps are taken, office shall proceed accordingly. List/put up this matter in third week of March, 2025, as fresh. In the meantime, the State as well as opposite party no. 2 may file their counter affidavits."

5. Counter affidavit on behalf of State has already been filed.

6. Learned Additional Government Advocate on the basis of instruction submits that subsequently charge-sheet has already been filed in the case in which there is no instruction that the applicant did not co-operate during course of investigation. It is admitted that applicant does not have any previous criminal history.

7. Learned counsel for applicant has also drawn attention to the fact that the alleged victim has refused medical examination. It is reiterated that applicant has always co-operated in the investigation and will continue to do so during the course of trial.

8. Learned counsel for complainant has opposed anticipatory bail application with the submission that the statement of victim clearly corroborates allegations levelled against applicant in the FIR. Although it is admitted that the victim has refused medical examination.

9. Considering the aforesaid facts and circumstances, the interim anticipatory bail granted vide order dated 17.02.2025 is hereby made absolute subject to following conditions.

10. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Mohammad Sajid @ Sajid 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.

11. In case of default, it would be open for the Investigating Agency to move application for vacation of this interim protection. Order Date :- 16.4.2025 Satish SATISH KUMAR BHARATI SATISH KUMAR BHARATI SATISH KUMAR BHARATI SATISH KUMAR BHARATI High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench Lucknow Bench Lucknow Bench