Allahabad High Court
Tukman Singh And 5 Others vs State Of U.P. And Another on 25 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. - 3236 of 2023
Applicant :- Tukman Singh And 5 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Vishvendra Singh
Counsel for Opposite Party :- G.A.,Sanjay Singh
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Vijay Bahadur Shivhare, Advocate holding brief of Sri Vishvendra Singh, learned counsel for the applicants, Sri Sanjay Singh, learned counsel for the informant and Sri R.M. Yadav, 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 applicants in Case No.1094 of 2022 (State vs. Vijay Pal and Others) arising out of Case Crime No.109 of 2022 registered under Sections 147, 323, 504, 506, 342 and 457 IPC at Police Station- Dauki, District Agra with a prayer to enlarge them on anticipatory bail.
4. As per prosecution story, the co-accused person Vijay Pal is stated to have barged into the house of the informant and thereby is stated to have outraged the modesty of two ladies in the family. After raising of alarm, the applicants are also stated to have reached there and got the main accused person released from the clutches of the informant, as such have committed the said offence on 24.05.2022.
5. Learned counsel for the applicants has stated that they have been falsely implicated in the present case. The FIR is delayed by four days and there is no explanation of the said delay caused. The main accused person is Vijay Pal and all the allegations have been allayed against him only. To buttress is argument, learned counsel has placed much reliance on the statement of the victim recorded by the doctor conducting the medical examination, whereby she is silent about any other accused persons. She has only levelled allegations against the main accused person Vijay Pal. Learned counsel has further stated that even she has allayed all the allegations of outraging the modesty and causing injury to Vijay Pal only.
6. Learned counsel for the applicants has stated that the case of the applicants is at a different footing to the main accused person Vijay Pal. Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegations made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon at length. There are no criminal antecedents of the applicant. The applicants have apprehension of their arrest. Learned counsel for the applicants undertakes that they have co-operated in the investigation and are ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
7. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the anticipatory bail application on the ground that the applicants are hand in glove with the main accused person Vijay Pal and they have got released from the house of the informant and the regular bail of Vijay Pal has been rejected by this Court vide order dated 22.12.2022, but could not dispute the fact that the name of the applicants is absent in the statement before the doctor and even in the statement recorded by the Magistrate concerned.
8. 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.
9. In view of the above, the anticipatory bail application of the applicants is allowed. Let the accused-applicants- Tukman Singh, Smt. Guddi Devi, Ram Prakash, Shyam, Ashish and Raju be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i). that the applicants shall make themselves available for interrogation by a police officer as and when required;
(ii). 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;
(iii). that the applicants shall not leave India without the previous permission of the court;
(iv). that in case charge-sheet is submitted the applicants shall not tamper with the evidence during the trial;
(v). that the applicants shall not pressurize/ intimidate the prosecution witness;
(vi). that the applicants 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.
10. 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 :- 25.4.2023
Ravi Kant
