Allahabad High Court
Akbar Ali vs State Of U.P. And Another on 14 December, 2022
Bench: Suresh Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7706 of 2022
Applicant :- Akbar Ali
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Surendra Mohan Mishra,Vishveshwar Mani Tripathi
Counsel for Opposite Party :- G.A., Jilajeet Singh,Vipin Kumar Dwivedi
Hon'ble Suresh Kumar Gupta,J.
This is second anticipatory bail application. The first anticipatory bail application being . CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3528 of 2022 was dismissed for want of prosecution vide order dated 27.7.2022.
On 12.10.2022, the following order was passed by this Court:-
"This is a second anticipatory bail application on behalf of the applicant. The first anticipatory bail application was dismissed in default by this Court vide order dated 27.07.2022 passed by this Court.
Learned counsel for the applicant has submitted that in the first anticipatory bail application, on 06.05.2022 the another co-ordinate Bench of this Court while granting interim protection in favour of the applicant referred the matter to the Mediation and Conciliation Centre of this Court directing the applicant to deposit Rs.25,000/- before the Mediation Centre. He has further submitted that in pursuance of the order dated 06.05.2022, the applicant has deposited Rs.25,000/- on 20.05.2022 and the mediation process is still pending.
Both parites shall appear before Mediation Centre on 2nd November, 2022.
Mediation Centre is directed to conclude its proceeding within a period of two months and after the proceedings, the Mediation Centre shall send its report to this Court.
List this case on 14th December, 2022 before the appropriate Bench.
Till the next date of listing, no coercive action shall be taken against the applicant in pursuance of Complaint Case No.4527 of 2018, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Shohratgarh, District Siddharth Nagar."
As per report of the mediation, the applicant failed to appear before the mediation on the date fixed.
The applicant has deposited Rs. 25,000/- in the mediation centre, which shall be payable to the opposite party no. 2.
It is hereby directed that deposited Rs. 25,000/- shall be given to the opposite party no. 2 immediately.
Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. for the State and perused the record.
The instant anticipatory bail application has been filed on behalf of the applicant--Akbar Ali with a prayer to release on bail in Complaint Case No.4527 of 2018, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station- Shohratgarh, District Siddharth Nagar.
It is contended on behalf of the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive to harass the applicant and his family members. After passing the summoning order, now coercive process has also been issued against the applicant thus, there is apprehension of arrest to the applicant. The applicant is ready to cooperate with the trial. If the applicant is granted anticipatory bail, he will never misuse the same. Learned counsel for the applicant has placed reliance on a judgement of the Supreme Court in the case of Sushila Aggarwal and others v. State (NCT of Delhi) and another, (2020) 5 SCC 1.
Learned A.G.A. vehemently opposed the prayer for bail.
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.
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.
In the event of arrest the applicant is arrested, he/her shall be released on anticipatory bail in the aforesaid case for the aforesaid offences on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
1. The applicant shall not leave India during the currency of trial without prior permission from the concerned trial Court.
2. The applicant shall surrender passports, if any, to the concerned trial Court forthwith. The passport will remain in custody of the concerned trial Court.
3. That the 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 from disclosing such facts to the Court or to any police officer;
4. The applicant shall file an undertaking to the effect that the applicant shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the applicant.
5. In case, the applicant misuses the liberty of bail, the Trial Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal and others v. State (NCT of Delhi) and another, (2020) 5 SCC 1.
6. 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 bail and proceed against him in accordance with law.
7. He shall immediately appear before the trial court.
The anticipatory bail application is allowed.
Order Date :- 14.12.2022
Anuj Singh
