Allahabad High Court
Musheer vs State Of U.P. on 17 April, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 83
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4174 of 2023
Applicant :- Musheer
Opposite Party :- State of U.P.
Counsel for Applicant :- Syed Faiz Hasnain,Mohd. Hasham,Syed Riyaz Askari
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Syed Faiz Hasnain, learned counsel for the applicant and Sri R.P. Patel, learned A.G.A. for the State as well as perused the record.
3. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.327 of 2022, registered under Sections 498-A, 323, 376, 504, 506 IPC and Section 3/4 Dowry Prohibition Act at Police Station- Nahtor, District Bijnor with a prayer to enlarge him on anticipatory bail.
4. Admittedly, the matter is of matrimonial dispute. Learned counsel for the applicant has stated that the applicant is the father-in-law of the deceased person and has been falsely implicated in the present case. The allegations of rape have been foisted against the applicant on legal consultation. There is no basis of the said allegations. The FIR is itself delayed and there is no explanation of the said delay caused. There is no criminal antecedent of the applicant. Learned counsel has further stated that the case of the applicant is at a different footing to the case of the husband of the deceased person Mohd. Yaseen @ Danish. 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 applicant undertakes that he has co-operated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
5. Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but could not dispute the fact that the applicant is the father-in-law of the deceased person.
6. On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A., taking into consideration the fact that the applicant is the father-in-law of the deceased person and distinguishing the case of the husband of the deceased person Mohd. Yaseen @ Danish, who is the main accused person 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 "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.
7. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Musheer 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:-
(i). that the applicant shall make himself available for interrogation by a police officer as and when required;
(ii). 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;
(iii). that the applicant shall not leave India without the previous permission of the court;
(iv). that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;
(v). that the applicant shall not pressurize/ intimidate the prosecution witness;
(vi). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(vii). that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
8. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.
(Krishan Pahal, J.)
Order Date :- 17.4.2023
Ravi Kant
