Allahabad High Court
Divas Nikhra And 2 Others vs State Of U.P. And Another on 1 December, 2022
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12062 of 2022
Applicant :- Divas Nikhra And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Gaurav Singh Tomar,Subhash Gosain
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Subhash Gosain, learned counsel for the applicants and Sri P.K. Srivastava, learned A.G.A. for the State as well as perused the record.
The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No.405 of 2022, registered under Sections 498A, 323, 506 IPC & 3/4 Dowry Prohibition Act at Police Station- Kotwali Orai, District Jalaun with a prayer to enlarge them on anticipatory bail.
As per prosecution story, the applicants are stated to have subjected the daughter of the informant to cruelty for a demand of dowry and are stated to have assaulted her causing injuries to her.
Learned counsel for the applicants has stated that the applicants have been falsely imlicated in the present case. There are general allegations against all the applicants. There is no injury sustained by any person. Admittedly, the matter is of family discord. There are no criminal antecedents of the applicants. Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegations made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon at length. Learned counsel for the applicants undertakes that they have co-operated in the investigation and are ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicants.
On due consideration to the arguments advanced by learned counsel for the applicants as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicants, the applicants are liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1". The future contingencies regarding the anticipatory bail being granted to applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.
In view of the above, the anticipatory bail application of the applicants is allowed. Let the accused-applicants- Divas Nikhra, Smt. Abhilasha and Dinesh Nikhra be released forthwith in the aforesaid case crime (supra) on anticipatory bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/court concerned with the following conditions:-
1. that the applicants shall make themselves available for interrogation by a police officer as and when required;
2. that 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 them from disclosing such facts to the court or to any police officer or tamper with the evidence;
3. that the applicants shall not leave India without the previous permission of the court;
4. that in case charge-sheet is submitted the applicants shall not tamper with the evidence during the trial;
5. that the applicants shall not pressurize/ intimidate the prosecution witness;
6. that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted;
7. that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial or deciding the regular bail application.
Order Date :- 1.12.2022
Ravi Kant
