The Allahabad High Court has granted anticipatory bail to former Union minister Chinmayanand Saraswati in connection with the 2011 Shahjahanpur Rape Case.
A single-judge bench of Justice Dinesh Kumar Singh passed this order while hearing a Criminal Misc anticipatory bail application filed by Swami Chinmayanand Saraswati’s pupil.
The bail application under Section 438 CrPC has been filed seeking anticipatory bail in case under Sections 376 and 506 IPC Police Station Kotwali, District Shahjahanpur.
The Court by the order dated 19.12.2022 has granted interim protection to the accused applicant.
The relevant averments made in the counter-affidavit tendered in the court on behalf of the complainant read as under:-
“2. The deponent is the first antiformant in Case Crime No1423 of 2011 lodged at Police Station Kotwali, District Shahjahanpur. It is pertinent to mention here that the deponent had preferred a letter to the Chief Minister, Government of Uttar Pradesh upon which a direction was issued and the instant criminal prosecution was lodged.
- The Investigating Officer after conclusion of the investigation, has filed a charge sheet under Section 376 and 506 IPC.
- That the Magistrate has proceeded to take cognisance and summoned the applicant in the case.
- That the applicant of the case proceeded to prefer a criminal Mic Application under Section 482 CrPC before the Court assailing the summoning and cognizance order taken upon the charge sheet filed by the Investigating Officer of the case.
- That the Court had granted interim order to the applicant in the case and in the meantime, the State Government had taken a decision for withdrawal of the instant prosecution and thus, the applicant had withdrawn the above-mentioned criminal misc application under Section 482 CrPC.
- That in pursuance of the decision of the State Government for withdrawal of the criminal prosecution, the Public prosecutor had filed an application under Section 321 of CrPC for withdrawal of the case, but the same was rejected by the trial court in larger public interest and secured the ends of the justice.
- That the deponent has no objection for withdrawal of the criminal prosecution and the deponent, the deponent has no interest in further prosecuting the aforesaid case.
- That the deponent has no objection whatsoever if the instant criminal misc Anticipatory bail application is allowed and the application is enlarged on anticipatory bail.”
Manish Goyal and Mahesh Chndra Chaturvedi, Additional Advocate Generals, assisted by A.K Sand, AGA have submitted that the State itself has taken a decision to withdraw from prosecution and has granted permission to the Public Prosecutor to move an application under Section 321 CrPC and, therefore, the State is not opposing granting anticipatory bail to the accused-applicant.
Considering the stand of the complainant and the State, the Court finds it appropriate that the interim order dated 19.12.2022 be confirmed and thus, the accused-applicant is admitted on anticipatory bail, the Court observed.
The Court directed the accused-applicant to appear before the trial court concerned within one week and submit a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, if he has already not submitted in pursuance to the order dated 19.12.2022, and the concerned trial court shall release the accused-applicant on anticipatory bail application with any other conditions as it may deem fit in the facts and circumstances of the case.
With the above observation/direction, the Court disposed of the anticipatory bail application.