Allahabad High Court
Yashpal Singh vs State Of U.P. Thru. Prin. Secy. ... on 26 May, 2022
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 789 of 2022
Applicant :- Yashpal Singh
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrtt. Lko. And Another
Counsel for Applicant :- Shailendra Pathak,Km. Anjali Gautam
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Shailendra Pathak, learned counsel for the applicant and Sri Akhilesh Kumar Awasthi, 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 FIR/Case Crime No.307 of 2020, registered under Sections 420, 467, 468 and 471 IPC at Police Station- Dargah Sharif, District Bahraich with a prayer to enlarge him on anticipatory bail.
As per prosecution story, the informant and her husband Patali had received 4.5 bigha of land through will and later on a dispute arose between the complainant and her husband. The co-accused Patali is said to have sold his share of land to the co-accused Azmat Ali and Rashid Khan.
Learned counsel for the applicant has stated that the applicant is the marginal witness of the said sale deed. The dispute is between husband and wife. The said wife has not made her husband an accused in the said FIR despite the fact that the said sale deed has been executed by him. The charge-sheet has already been filed against the applicant. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. Learned counsel for the applicant undertakes that he will cooperate in the trial failing which the State can move appropriate application for cancellation of the anticipatory bail.
The prayer for anticipatory bail have been vehemently opposed by learned A.G.A. but could not dispute the fact that there is no criminal history of the applicant.
On due consideration to the arguments advanced 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 is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Shri Gurbaksh Singh Sibbia and Others vs. State of Punjab, (1980) 2 SCC 656". 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. Let the accused-applicant- Yashpal Singh be released forthwith in the aforesaid case crime (supra) on anticipatory 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 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 default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant;
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;
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 :- 26.5.2022
Ravi Kant
