Point of Law : while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.

JUDGMENT :

Raj Beer Singh, J.

1. Heard learned counsel for the applicant, Sri Hemant Sharma, learned counsel for first informant, learned A.G.A. for the State and perused the record.

2. The present application has been moved seeking anticipatory bail in Case Crime No.354 of 2021, under Sections 364, 370, 376, 506 I.P.C., Police Station Shikarpur, District Bulandshahar with the prayer that in the event of arrest, applicant may be released on bail.

3. It has been argued by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. As per version of FIR, the allegation against applicant is that on 31.07.2021, the wife of first informant has left her matrimonial home saying that she was going to her parental home but later on first informant came to know that she has been kidnapped by applicant, co-accused Bachchoo Singh, Mahipal and Sharmila Devi. Learned counsel for the applicant submitted that there is a delay of about one month in lodging the FIR, which has not been explained. As per prosecution version, victim has been recovered from the house of co-accused Bachchoo Singh. The allegation that applicant, co-accused Sharmila Devi and Mahipal have sold the victim lady to co-accused Bachchoo Singh is thoroughly false.

4. In this connection, it has been pointed out that in fact victim lady herself has filed a complaint before the court at Budaun, the copy of which has been annexed as Annexure No.5. In that complaint, in her statement under Section 200 Cr.P.C., she has stated that she was not happy with her marriage with first informant and she herself has left her husband on 01.08.2021 and she has gone with co-accused Bachchoo Singh and later on she has married with said Bachchoo Singh. Victim lady and co-accused Bachchoo Singh have even filed a writ petition before this Court for quashing of FIR of this case, however, the same has become infructuous as the co-accused Bachchoo Singh was arrested. Learned counsel has submitted that these facts and conduct of victim lady clearly show that the allegations made against applicant are thoroughly false. It has further been submitted that applicant has no criminal antecedents and that no coercive process has been issued against the applicant so far. It has further been submitted that applicant has no criminal antecedents and that no coercive process has been issued against the applicant so far. It was also submitted that applicant undertakes to co-operate during investigation and trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate during investigation and would obey all conditions of bail.

5. Learned A.G.A. and learned counsel for first informant have opposed the application for anticipatory bail. Learned counsel for the first informant has argued that there is allegation against applicant and co-accused persons that they have sold the victim lady to co-accused Bachchoo Singh.

6. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.

7. In the instant case, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, a case for anticipatory bail is made out.

8. The anticipatory bai