Allahabad High Court
Anurag Singh vs State Of U.P. And 3 Others on 9 April, 2025
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:52531 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9851 of 2025 Applicant :- Anurag Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Akhilesh Chandra Srivastava Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Akhilesh Chandra Srivastava, learned counsel for the applicant, Sri Jai Kishan Chaurasia, learned State Law Officer for the State and perused the material placed on record.
3. Learned State Law Officer has stated that notice could not be served as the victim was not traceable.
4. Applicant seeks bail in Case Crime No. 20 of 2025 under Sections 87, 70(2), 127(3), 351(3), 3(5), 61(2), 111 B.N.S., Section 5(g)/6 POCSO Act and Section 3, 4 ,5, 6, 7, 9 of the Immoral Traffic (Prevention) Act, Police Station Shahpur, District Gorakhpur during the pendency of trial.
5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The victim in her statement recorded under Section 183 B.N.S.S. has not whispered a single word against the applicant, as such, it is a clear cut case of false implication.
6. Learned counsel for the applicant further stated that the police has falsely implicated the applicant in four more cases of similar nature. Applicant has nothing to do with those cases. Another case bearing case crime No. 526 of 2017 which was under Section 323, 325, 504, 506 I.P.C. Police Station-Shahpur, District-Gorakhpur, in which the applicant has been granted bail on 12.10.2017 by court below. The applicant is languishing in jail since 14.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
7. Learned State Law Officer has vehemently opposed the bail application.
8. The Supreme Court in Prabhakar Tewari vs. State of U.P. And Another, 2020 (11) SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case for bail is made out.
9. The Supreme Court in the case of Niranjan Singh and another vs. Prabhakar Rajaram Kharote and Others, AIR 1980 SC 785 has avoided detailed examination of the evidence and elaborate documentation of the merits of the case as no party should have the impression that his case has been prejudiced. A prima facie satisfaction of case is needed but it is not the same as an exhaustive exploration of the merits in the order itself.
10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
11. Let the applicant- Anurag Singh, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall not tamper with evidence.
(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
13. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 9.4.2025
Karan
(Justice Krishan Pahal)