Allahabad High Court
Paras Nath Pal vs State Of U.P. And Another on 26 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. - 4407 of 2023
Applicant :- Paras Nath Pal
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Jai Prakash Singh,Sanjay Kumar Pal
Counsel for Opposite Party :- G.A.,Santosh Kumar Yadav
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Jai Prakash Singh, learned counsel for the applicant, Sri Santosh Kumar Yadav, learned counsel for the informant and Sri V.K.S. Parmar, 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.118 of 2023, registered under Sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, at Police Station Kotwali Kannauj, District Kannauj with a prayer to enlarge him on anticipatory bail.
4. As per prosecution story, the marriage of daughter of the informant was solemnized with the son of the applicant Akhilesh Pal as per Hindu rites on 14.5.2022. The applicant and other family members are stated to have subjected her to cruelty for demand of dowry, thereby leading to her death on 20.2.2023.
5. Learned counsel for the applicant has stated that he has been falsely implicated in this case. The applicant resides far away in West Bengal and has nothing to do with the said offence. The said offence has been committed at Kannauj, where the husband and wife (deceased) duo used to live. Two real sisters were married to two real brothers at one and the same time and no gifts were exchanged in the said marriage. The marriage was simple one. The allegations of demand of dowry are false. The case of the applicant is at different footing to husband Akhilesh Pal who is already in jail.
6. Learned counsel for the applicant has further stated that the cause of death, as per the autopsy report, is asphyxia as a result of antemortem hanging. The applicant has no criminal history to his credit. 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. The applicant has apprehension of his arrest. 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.
7. Per contra, learned counsel for the informant as well as learned A.G.A. have vehemently opposed the anticipatory bail application and stated that the applicant was hand in glove with the other co-accused persons, although they could not dispute that there are general allegations against the applicant.
8. 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 was living separately to the husband of the deceased 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.
9. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Paras Nath Pal 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.
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 :- 26.4.2023
Vikas
