Allahabad High Court
Harun And Another vs State Of U.P. And Another on 27 September, 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. - 9465 of 2022
Applicant :- Harun And Another
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Zafeer Ahmad
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Zafeer Ahmad, learned counsel for the applicants and Sri Ram Mohit Yadav, 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 Case Crime No.328 of 2021, under Sections 498-A, 323, 504, 506 IPC & Section 3/4 Dowry Prohibition Act, Police Station- Mainather, District Moradabad with a prayer to enlarge them on anticipatory bail.
Learned counsel for the applicants has stated that the applicants have been falsely implicated in the present case. The applicants are the father-in-law and mother-in-law of the informant and they have nothing to do with the said offence as they live separately to the husband Tehjeeb. There are general allegations against the applicants. Learned counsel has further stated that the applicants have appeared in compliance of Section 41(a) of Cr.P.C. and have not misused the said opportunity granted. The charge-sheet has been filed on misconceived facts, which are false at the face of it. 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. Learned counsel for the applicants undertakes that they 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 learned A.G.A. However, he could not dispute the said facts.
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 applicant, 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 is allowed. Let the accused-applicants- Harun and Smt. Asmin 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 applicants shall make themselves 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 them 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 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 applicants;
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 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 :- 27.9.2022
Ravi Kant
