Raghoram @ Raghavram vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 13327 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 844 of 2023
 

 
Applicant :- Raghoram @ Raghavram
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Civil Secrt. Lko. And Another
 
Counsel for Applicant :- Rajesh Kumar Awasthi
 
Counsel for Opposite Party :- G.A.,Manoj Kumar Misra,Manoj Kumar Mishra
 

 
Hon'ble Karunesh Singh Pawar,J.

The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No.483 of 2022 under sections 419, 420, 467, 468, 471 I.P.C., P.S. Karnailganj, district Gonda.

Heard learned counsel for the applicant and learned A.G.A. for the State who has filed counter affidavit today in court, which is taken on record.

Vide order dated 10.4.2023, the applicant was granted interim protection by this Court. Gist of the issue involved in the present matter is given in the said order, which is extracted below :

"Shri Manoj Kumar Misra, learned Advocate has filed his 'Vakalatnama' on behalf of the informant/ complainant, which is taken on record.

He further submits that some time be granted to him for the purpose of bringing on record his objections/counter affidavit viz-a-viz the prayer of the anticipatory bail application of the applicant.

Heard learned counsel for the applicant; learned A.G.A. for the State as well as Shri Manoj Kumar Misra, learned counsel appearing for informant/complainant and perused the record.

The present anticipatory bail application has been moved by the accused/applicant- Raghoram @ Raghavram in Case Crime No. 483/2022, under Sections 419, 420, 467, 468 & 471 I.P.C, Police Station- Karnailganj, District- Gonda, with the prayer to enlarge him on anticipatory bail as he is apprehending arrest in the above-mentioned case.

Learned counsel for the accused-applicant while pressing the bail application submits that the applicant has falsely been implicated in this case. Admittedly, he is a marginal witness of the sale deed, which has been executed by the husband of the informant in favour of one, Parag Dutt, in exchange of due consideration and therefore, there is no element of wrongful gain or wrongful law, so far as the instant applicant is concerned. Admittedly, he is not the beneficiary of any transaction and his duty as a marginal witness was only to identify the parties, who were entering into a contract and not beyond that.

It is further submitted that identically placed co-accused Hasan Raza @ Hasanraja has been granted facility of anticipatory bai, till submission of police report under Section 173(2) Cr.P.C., and the role of the instant applicant is identical.

Learned A.G.A. as well as Shri Manoj Kumar Misra, learned counsel appearing for informant/complainant vehemently opposes the prayer of anticipatory bail application of the applicant on the ground that a person has been abducted and after pressurising him, the fake sale deed has been executed without payment of any consideration, therefore, it is a case where any discretion should be exercised in favour of the applicant.

Having heard learned counsel for the parties and having perused the record, it is admitted to the parties that the instant applicant is shown as a marginal witness in the impugned sale deed and it is in this background, it is submitted by learned counsel for the applicant that role of the marginal witness is limited only of identifying the parties and the contents of the document and not beyond that. The sale deed is also not in favour of the instant applicant. Thus, in the considered opinion of this Court, having regard to the fact that protection from arrest has also been granted to the identically placed co-accused, namely, Hasan Raza @ Hasanraja vide order dated 06.04.2023 passed in Criminal Misc Anticipatory Bail Application U/S 438 Cr.P.C. No. 827 of 2023, the similar protection may be granted to the applicant, however, for a limited period of time in view of the request made by learned counsel for the informant/complainant to file objections/counter affidavit.

Thus, list this case on 28.04.2023 in the first ten cases of the cause list, by which date the State as well as learned counsel for the informant/complainant may bring on record any objections/counter affidavit viz-a-viz the prayer of the anticipatory bail application of the instant applicant.

It is provided that till the next date of listing in the event of arrest of the applicant- Raghoram @ Raghavram involved in the above noted case, he shall be released on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/ Investigating Officer with the following conditions:

(1) The applicant shall make himself available for interrogation or for discovery of any fact by a police officer as and when required;

(2) 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 them from disclosing such facts to the Court or to any police officer;

(3) The applicant shall not leave the territory of India without the previous permission of the Court.

If the applicant will not cooperate in the investigation and will not appear before the Investigating officer as and when his presence is required, the Investigating officer or the State shall be free to approach this Court even before the next date of listing for the vacation of this order. "

It is submitted on behalf of the applicant that the applicant is innocent. He has been falsely implicated. He has not misused the liberty granted by this court. Learned counsel further undertakes on behalf of the applicant that the applicant shall further cooperate in the investigation.

Learned A.G.A. has opposed the prayer made by the applicant's counsel, however, he does not dispute the aforesaid fact.

Without expressing any opinion on the merits of the case and considering the nature of accusation, the undertaking given on behalf of the applicant that he shall cooperate in the investigation, the fact that the applicant is a marginal witness and there is no element of wrongful gain to the applicant, the matter is triable by Magistrate, the applicant has no criminal history and the co-accused Hasan Raza alias Hasanraja, who was also a marginal witness having already been given protection by a coordinate Bench of this court vide order dated 6.4.2023 passed in application under section 438 CrPC No.827 of 2023, the investigation is still going on, I am of the opinion that in the event of arrest, the applicant is entitled to be enlarged on anticipatory bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to his cooperation in the investigation.

In view of the above as also keeping in view of the judgment in Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC OnLine 98, the order above extracted is affirmed. Till filing of the police report, the applicant shall continue to remain on anticipatory bail on the same bail bonds as directed by this Court vide order extracted above.

The applicant shall cooperate in the investigation/trial and he will not influence the witnesses. The accused-applicant will remain present as and when the arresting officer /I.O./ S.H.O. concerned call (s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court.

In case of default, it would be open for the investigating agency to move application for vacation of this order.

In view of the aforesaid, the anticipatory bail application is allowed.

Order Date :- 28.4.2023

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