The Allahabad High Court has directed the release of a man and his wife, who are accused of the assault and rape of their brother’s daughter-in-law, on anticipatory bail.
A single-judge bench of Justice Vivek Kumar Singh passed this order while hearing a Criminal Misc Anticipatory Bail Application under section 438 CrPc filed by Ajay Pandey And Another.
It is submitted on behalf of the applicant that applicants are innocent and the FIR has been lodged on false and frivolous facts with malicious intention.
The applicants are cousin father-in-law and mother-in-law respectively of the victim. There is inordinate delay in lodging of the FIR without any plausible explanation. There is no independent, impartial reliable witness of the alleged incident.
The counsel for the applicants further submitted that a compromise has taken place between the informant/private respondent in which the informant has denied all the allegations leveled against the applicants in the case.
The counsel submitted that the ingredients of offences are absent and the entire prosecution story is based on false and frivolous allegations. The applicants have not committed any offence as alleged. The police have not submitted a charge sheet in the case and applicant has definite apprehension of his arrest by the police.
The counsel for the applicants said the applicants have no previous criminal history and there is also no possibility of the applicant either fleeing away from the judicial process or tampering with the witnesses.
Counsel for the applicants further said that there is no possibility of the applicants fleeing away from the judicial process or tampering with witnesses.
The Additional Government Advocate opposed the prayer for anticipatory bail.
The Court observed that, without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that applicant has no criminal antecedent, the applicant is entitled to be released on anticipatory bail in the case.
The Court ordered that,
In the event of arrest of the applicants- Ajay Pandey and Uma Pandey, who are involved in Case under Sections- 323, 504, 506, 376 IPC, Police Station- Daraganj, District- Prayagraj, shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) CrPC before the competent Court on their furnishing a personal bond of Rs 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicants shall make themselves available for interrogation by a police office as and when required;
(ii) 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/her from disclosing such facts to the Court or to any police officer;
(iii) the applicants shall not leave India without the previous permission of the Court and if he has a passport the same shall be deposited by him/her before the SSP/SP Concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file an appropriate application for cancellation of anticipatory bail granted to the applicants.