Amrit Lal vs State Of U.P. And 4 Others
2022 Latest Caselaw 20811 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 72
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1084 of 2022
 

 
Applicant :- Amrit Lal
 
Opposite Party :- State Of U.P. And 4 Others
 
Counsel for Applicant :- Sharad Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Suresh Kumar Gupta,J.

Heard learned counsel for the applicant and learned Additional Government Advocate for the State.

The present anticipatory bail application under Section 438 Cr.P.C. has been filed for grant of anticipatory bail as the accused-applicant is apprehending his arrest in connection with Case Crime No.394 of 2021, under Sections 452, 323 & 354 PIC and Section 7/8 of the Protection of Children from Sexual Offences Act, 2012, Police Station Maduwadeeh, District Varanasi.

On 21.03.2022, this Court passed the following orders:-

"Heard Sri Sharad Kumar, learned counsel for the applicant, Sri Abhishek Shukla, learned A.G.A.-I for the State and perused the record.

The applicant-Amrit Lal, has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No. 394 of 2021 under Section 452, 323, 354 IPC and Section 7/8 POCSO Act P.S. Maduwadeeh District Varanasi.

Learned counsel for the applicant submits that on 4.12.2021 at 13.44 p.m. the informant has lodged an FIR against the applicant and 3 others with the allegation that on 4.12.2021 when the informant had gone to attend the marriage of her widow daughter and her two minor daughters were alone in the house, then the applicant, who is the uncle of the informant, had entered into the house and tried to misbehave with them and after making noise by the victim the applicant had beaten them.

Learned counsel for the applicant further submits that in the FIR the date and time of the alleged incident and age and class of the victim is not mentioned. He further submits that at the time of alleged incident all the schools were closed due to Covid-19 so all allegations are false and fabricated and the allegation is made only due to family dispute. He also submits that real fact of the case is that the applicant is real younger brother of husband of the informant who is real Bhabhi of the applicant and after the death of the brother of the applicant his Bhabhi (informant) is creating property dispute in the family and wants to grab the share of the applicant in the aforesaid house, due to which the present FIR has been lodged against the applicant. It is further submitted that no medical examination of the victim was conducted in any hospital and no one has received any injury. The allegations made in the F.I.R. are baseless and have been made only to harass the applicant. The applicant has no criminal history.

It is further submitted that applicant is not required for any custodial investigation. There is no possibility of the accused-applicant of fleeing away from the judicial process or tampering with the witnesses. The applicant is a permanent resident of the District Varanasi and there is no chance of his absconding. The applicant undertakes to furnish adequate surety for his release, if he is granted anticipatory bail. He also undertakes to cooperate with the investigation and shall not misuse the liberty of anticipatory bail granted to him.

Learned A.G.A. opposes the prayer of applicant.

Considering the submissions advanced by the learned counsel for the parties and after going through the contents of F.I.R., and other documents, and the submissions regarding legality and illegality of the allegations made in the F.I.R. which have also been placed forth before the Court, the circumstances which according to the counsel led to the false implication of the accused have also been touched upon at length was considered and the assurance given on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him, this Court is of the view that the applicant is entitled for interim protection.

Till the next date of listing, it is provided that in the event of arrest of the accused-applicant, namely, Amrit Lal, involved in Case Crime No. 394 of 2021 under Section 452, 323, 354 IPC and Section 7/8 POCSO Act P.S. Maduwadeeh District Varanasi., he shall be released forthwith by the Station House Officer of the police station concerned, on his furnishing a personal bond of Rs.50,000/- with the following conditions:-

(i) That the accused-applicant shall make herself available for interrogation by the police authorities as and when required and will cooperate with the investigation;

(ii) That the accused-applicant 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 her from disclosing such facts to the court or to any police officer; and;

(iii) That the accused-applicant shall not leave the country without the prior permission of the Court.

However, it is directed that the accused-applicant will join and participate in each and every aspect of investigation and will lend due assistance to the Investigating Agency, even with regard to the discovery of facts, if and when required so by the Investigating Agency.

List/ put up this case on 30.5.2022 for final disposal.

In the meanwhile, learned A.G.A. may file counter affidavit within three weeks.

The applicant, if so advised, may file rejoinder affidavit within one week thereafter."

Learned counsel for applicant has submitted that the applicant is innocent and has falsely been implicated in this case. Interim protection was granted by this Court vide order dated 21.03.2022. At the time of granting interim order, this fact was not brought on record that charge sheet was submitted against the applicant or not. Now the charge sheet has been filed against the applicant without collecting credible and cogent evidence. During investigation, the applicant fully cooperated, therefore no need of custodial interrogation of the applicant, hence, the applicant may be enlarged on anticipatory bail till conclusion of trial and he is ready to cooperate with the trial. If the applicant is granted anticipatory bail, he will never misuse the same. In support of his submission, learned counsel for the applicant has relied upon the judgement of Hon'ble Apex Court in the case of Aman Preet Singh vs. C.B.I. through Director, AIR 2021 Supreme Court 4154.

Learned A.G.A. for the State apprised the Court that after investigation charge sheet was filed on 23.02.2022.

Learned Additional Government Advocate has vehemently opposed the prayer for anticipatory bail to the applicant. Thus, the anticipatory bail application of the applicant is liable to be rejected.

I have considered the rival submissions advanced by learned counsel for the parties and perused the entire material available on record.

The Hon'ble Supreme Court in the case of Aman Preet Singh (Supra), the Court has observed as under:

"10. Insofar as the present case is concerned and the general principles under Section 170 Cr.P.C., the most apposite observations are in sub-para (v) of the High Court judgment in the context of an accused in a non-bailable offence whose custody was not required during the period of investigation. In such a scenario, it is appropriate that the accused is released on bail as the circumstances of his having not been arrested during investigation or not being produced in custody is itself sufficient to entitle him to be released on bail.

11. The rationale has been succinctly set out that if a person has been enlarged and free for many years and has not even been arrested during investigation, to suddenly direct his arrest and to be incarcerated merely because charge sheet has been filed would be contrary to the governing principles for grant of bail. We could not agree more with this."

In Aman Preet Singh (supra), the Court has clearly held that if a person, who is an accused in a non-bailable/cognizable offence, was not taken into custody during the period of investigation, in such a case, it is appropriate that he may be released on bail as the circumstances of his having not been arrested during investigation or not being produced in custody is itself sufficient to entitle him to be released on bail.

Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, I am of the opinion that it is a fit case for grant of bail to the applicant.

Accordingly, the anticipatory bail application is hereby allowed.

Let the applicant (Amrit Lal), be released on bail in the aforesaid case crime number by the trial Court till conclusion of trial on furnishing a personal bond and, two sureties each in the like amount to the satisfaction of the trial Court concerned with the following conditions:

(i) The applicant shall not leave India during the currency of trial without prior permission from the concerned trial Court.

(ii) The applicant shall surrender his passport, if any, to the concerned trial Court forthwith. His passport will remain in custody of the concerned trial Court.

(iii) 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;

(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law;

(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. The applicant shall cooperate in the investigation;

(vi) In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him in accordance with law, under Section 174-A of the Indian Penal Code; and

(vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

(vii) The applicant is directed to immediately participate in the trial otherwise, benefit of this order shall not be made available to him.

Order Date :- 13.12.2022

Virendra