Allahabad High Court
Himanshu vs State Of U.P. And 2 Others on 21 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. - 10762 of 2022
Applicant :- Himanshu
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- S.P.S. Chauhan,Sukhendra Singh
Counsel for Opposite Party :- G.A.,Shekhar Gangal
Hon'ble Krishan Pahal,J.
Heard Sri S.P.S. Chauhan, learned counsel for the applicant, Sri Shekhar Gangal, learned counsel for the first informant and Sri Sushil Kumar, 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 applicant in F.I.R. No. 669 of 2022, under Section 306 I.P.C. at Police Station- Banna Devi, District Aligarh, with a prayer to enlarge him on anticipatory bail.
Learned counsel for the applicant has submitted that the case of the applicant is at par with that of the co-accused person, Smt. Vimlesh, who has already been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 5.12.2022 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.10036 of 2022. Therefore, the present applicant is also entitled for anticipatory bail. Learned counsel has further submitted that the applicant has no previous criminal history. In case the anticipatory bail application of the applicant is allowed, he will not misuse the liberty and shall cooperate with trial.
The prayer for anticipatory bail has been vehemently opposed by learned A.G.A. and learned counsel for the first informant. Learned counsel has stated that the applicant is the main accused person and had entered into relationship with the deceased person and had fallen back from his earlier promise of marrying her.
Learned counsel for the applicant has stated that since the deceased was a married person, the very foundation stone of the FIR stands shattered as it is alleged that the applicant had promised to marry her which was not possible owing to the earlier marriage of the deceased.
Learned counsel for the first informant has not disputed the fact that the deceased was already a married person and there was no dissolution of the earlier marriage of the deceased. The fact of no criminal history of the applicant has not been disputed by learned A.G.A.
On due consideration to the arguments advance by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant, as an interim measure, is liable to be enlarged on anticipatory bail on the ground of parity and in view of the Constitution Bench 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 applicant 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 applicant is allowed on the ground of parity.
In the event of arrest, let the accused-applicant Himanshu be released forthwith in the aforesaid case crime (supra) on bail on furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the court concerned/Station House Officer of the police station concerned with the following conditions:-
1. that the applicant shall make himself available for interrogation by a police officer as and when required;
2. 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence;
3. that the applicant shall not leave India without the previous permission of the court;
4. that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;
5. that the applicant shall not pressurize/ intimidate the prosecution witness;
6. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
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 :- 21.12.2022\Shalini
