Allahabad High Court
Ajay Kumar vs State Of U.P And Another on 23 August, 2022
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6031 of 2022
Applicant :- Ajay Kumar
Opposite Party :- State Of U.P And Another
Counsel for Applicant :- K.K.Rao,Mukul Kumar Mishra
Counsel for Opposite Party :- G.A.,Santosh Kumar Upadhyay
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. for the State and perused the entire record.
This anticipatory bail application has been moved seeking bail in Case Crime No. 0787/2021, under Sections 498-A/323/504/506/316 IPC and 3/4 D.P. Act, P.S. Dhoomanganj, District Prayaraj with the prayer that in the event of arrest, applicant may be released on bail.
Learned counsel submitted that as the applicant is a resident of Hapur and the instant case has been registered at Prayagraj and that applicant has mentioned apprehension of arrest in case he approaches the Sessions Court at Allahabad for relief of anticipatory bail and thus, in view of these facts, application for anticipatory bail has been moved directly before this Court, without approaching the concerned Sessions Court. In this connection, learned counsel has referred the case of Ankit Bharti vs. State of U.P. and another, 2020 (3) ADJ 165 (F.B.), and submitted that case of applicant falls within the exception carved out in the said judgment for entertaining application of anticipatory bail directly before this Court.
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. The applicant is husband of complainant. The allegation that applicant or his family members have harassed the complainant on account of dowry, are thoroughly false. Earlier, the police have given a notice under Section 41(A) CrPC at the house of applicant and that applicant and his family members have made duly compliance of the notice but despite that the Court of A.C.J.M. Room No.4, Allahabad has issued arrest warrants of applicant, without considering case diary. The marriage of complainant with applicant has taken place in the year 2018 but no complainant was made till 07.07.2019 and there is no medical report/injury report of complainant supporting any incident of cruelty during one year and that there is undue delay of two years in lodging the first information report. The prosecution story, as mentioned in first information report, is afterthought and these allegations have been made in order to make pressure upon applicant. The applicant has always dealt with the complainant with love and affection and he has also provided her medical treatment to her and applicant has never committed any cruelty. The complainant has also filed a case under Section 125 CrPC and Section 12 D.V. Act against applicant and co-accused persons. It is a case of matrimonial dispute and that the complainant is harassing the applicant and co-accused persons and that no offence is made out against applicant. The applicant has no criminal antecedents and that applicant undertakes to co-operate during investigation and trial and he would appear as and when required by the investigating agency or Court.
Learned A.G.A. and learned counsel for the complainant have opposed the application for anticipatory bail and argued that applicant has not complied with the notice given by the police under Section 41 (A) CrPC and he did not co-operate during investigation and thus, non-bailable warrants have been issued against applicant. Learned counsel for the complainant submitted that in fact, as this Court has granted interim protection to the applicant thus, the process under Section 82 CrPC could not be issued against him. It was pointed out that the touching letter written by the complainant to the applicant, which has also been relied upon by the applicant in this anticipatory bail application, clearly shows that how she was being neglected and harassed by the applicant. Referring to her letter, it was submitted that applicant has also committed mental cruelty against complainant. Further, there are allegations that applicant has also got terminated her pregnancy. It was also pointed out that earlier the applicant has moved an application for anticipatory bail before the Sessions Court, Allahabad but later on it was got dismissed as not pressed by the applicant and co-accused persons and thus, it was dismissed on 06.09.2021 and thereafter, in July 2022, applicant has moved this application directly before this Court. Learned counsel for the complainant submitted that in view of the facts of the matter and conduct of the applicant, the applicant is not entitled for anticipatory bail.
Considering the submissions of learned counsel for the parties, nature of accusations, conduct of applicant and all attending facts of the matter, the applicant is not entitled for anticipatory bail. Hence the present application for anticipatory bail is hereby rejected.
However, it is directed that in case, applicant appears before the court below within two weeks from today and applies for bail, his bail application shall be considered and decided expeditiously, in accordance with settled law.
Order Date :- 23.8.2022
Neeraj
