Allahabad High Court
Chandra Kala And 2 Others vs State Of U.P. And Another on 29 November, 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. - 11662 of 2022
Applicant :- Chandra Kala And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Pawan Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Pawan Kumar, learned counsel for the applicants, Sri P.K. Srivastava, learned Additional Government Advocate for the State and perused the records.
The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No. 131 of 2022, under Sections 498A IPC and 3/4 D.P. Act, at Police Station- Pharenda, District Maharajganj, with a prayer to enlarge them on anticipatory bail.
Initially the FIR was lodged under Sections 302, 498A IPC and 3/4 D.P. Act. After investigation, final report (charge sheet) has been filed against the applicants under Sections 498A IPC and 3/4 D.P. Act. No allegation with respect to Section 302 IPC has been found against the applicants. Applicant no. 1 is mother-in-law, applicant no. 2 is father-in-law and applicant no. 3 is brother-in-law of the deceased persons. They have nothing to do with the deceased as they lived separately
Learned counsel for the applicants has stated that the applicants have been falsely implicated in the present case. There are no criminal antecedents of the applicants. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against them. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. In case, the anticipatory bail application of the applicants is allowed, they will not misuse the liberty and shall cooperate in the investigation/trial.
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 and also the fact that the applicants have no criminal history.
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 are allowed. Let the accused-applicants- Chandra Kala, Bacchan and Dhanesh be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:-
1. that the applicants shall make himself 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 him 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 applicant 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 are 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.
Order Date :- 29.11.2022
v.k.updh.
