TaxTMI 
TaxTMI 
2022 (7) TMI 1644
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....ho have filed 'Vakalatnama' for the informant / complainant, same is taken on record. 2. Learned counsel for the applicant has filed one second supplementary affidavit enclosing therewith the true copy of the anticipatory bail application filed before the sessions court, the same is taken on record. 3. The present applicant is apprehending his arrest in Case Crime No. 02 of 2021 u/s 323, 504, 506, 313, 376, 377 IPC, P.S. Baghpat, District Baghpat (U.P.). It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged in the F.I.R. 4. The learned AGA as well as learned counsel for the informant / complainant have raised preliminary objection regarding maintaina....
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....w some information from the other side, the case may be posted for another date and if the applicant has got prima facie case and his apprehension of arrest appears to be bonafide in a case where the allegations prima facie do not corroborate with material available on record may grant interim anticipatory bail. However, in the present case the proclamation u/s 82 Cr.P.C. has been issued during the pendency of the application. Apex Court in re: Lavesh vs. State (NCT of Delhi) (2012) 8 SCC 730, State of Madhya Pradesh vs. Pradeep Sharma reported in (2014) 2 SCC 171 and Prem Shanker Prasad vs. State of Bihar (Criminal Appeal No. 1209 of 2021) has imposed bar to entertain such application if filed by the proclaimed offender. In the present cas....
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....n the offences, in which death sentence can be awarded. Besides, section 82 Cr.P.C. neither creates any rider nor imposes any restrictions in filing anticipatory bail application by the proclaimed offender inasmuch as the Hon'ble Apex Court has used the word 'Normally' in re: Lavesh (supra), meaning thereby normally the anticipatory bail application of the proclaimed offender should not be entertained. Therefore, only in the aforesaid case / cases the provisions of anticipatory bail application would not be applicable. It has nowhere been indicated u/s 438 Cr.P.C. that the proclaimed offender would be barred to file such application. As to whether such proclaimed offender would be granted anticipatory bail or not would depend....
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....s to what would be a 'rape' in such circumstances and what would be the 'breach of promise'. As observed by the Apex court, if the physical relation has been established on the false promise of marriage and the physical relation was consensual in nature and it lasted for long time, prima facie it may not be treated as rape but it may be considered as breach of promise. 12. It is made clear here that I am not giving any finding on that aspect for the reason that the investigation is going on and it is expected that the investigating officer shall conduct and conclude the investigation strictly in accordance with law without being influenced from any finding of this order. 13. Learned counsel for the applicant has drawn ....
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.... Court that there was one more case against the present applicant bearing Case Crime No. 300 of 2019 u/s 409, 120B IPC, P.S. Baghpat, District Baghpat, wherein he has been granted bail by this Court on 21.1.2020 in Crl. Misc. Bail Application No. 43820 of 2019. 15. On account of apprehension of arrest being a government servant he could not properly cooperate with the investigation because if he is arrested and sent to judicial custody, he would suffer irreparable loss in his service. However, he has assured that if the liberty of the present applicant is protected, he shall definitely cooperate with the investigation properly and shall abide by the directions, so issued by the investigating officer relating to the investigation. 16. ....
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....r before the investigating officer on that date, failing which the benefit of this order will not be available to the applicant. He shall further abide by the directions of the investigating officer for the purposes of investigation and shall not misuse the liberty of bail. If at any time it is found that applicant is misusing the liberty of bail, any appropriate application may be filed by the opposite parties including State for seeking cancellation of this anticipatory bail. 18. Therefore, it is directed that in the event of arrest, applicant- Suresh Babu, shall be released on anticipatory bail in the aforesaid case crime number on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfac....