Allahabad High Court
Prashant Choursiya And 2 Others vs State Of U.P. on 3 August, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:155978
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8300 of 2023
Applicant :- Prashant Choursiya And 2 Others
Opposite Party :- State of U.P.
Counsel for Applicant :- Anurag Vajpeyi,Sandeep Singh
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. Heard Sri Anurag Vajpeyi, learned counsel for the applicants and Sri Yogesh Mishra, learned A.G.A. for the State and also perused the material available on record.
2. The present anticipatory bail application has been filed on behalf of the applicants in F.I.R./Case Crime No. 13 of 2005, under Section 304-B of IPC, Police Station Luxa, District Varanasi, with a prayer to enlarge them on anticipatory bail.
3. As per prosecution story, the applicant nos.1 and 2 are the brother-in-laws and the applicant no.3 is the father-in-law of the deceased person. Initially, an FIR was instituted u/s 498-A & 304-B of IPC and Sections 3/4 of Dowry Prohibition Act but after thorough investigation, the cause of death of the deceased could not be ascertained and the final report was submitted u/s 498-A of IPC and Sections 3/4 of D.P. Act. Subsequent to it, during trial an application was moved by the informant whereupon the learned trial court by invoking powers u/s 323 Cr.P.C., the case has been committed to Sessions Court vide order dated 16.07.2022 passed by learned Additional Sessions Judge, Court No. 16, Varanasi.
4. Learned counsel for the applicants has stated that they are maliciously being prosecuted in the present case due to ulterior motive and have apprehension of their arrest. They have nothing to do with the said offence as alleged by the prosecution. Learned counsel has further stated that the applicant nos. 1 & 2 were enlarged on regular bail by the Court of Judicial Magistrate, II, Varanasi vide order dated 28.08.2006. The applicant no.3 was also enlarged on regular bail vide order dated 25.08.2006 by the same court. The applicants have not misused the liberty granted to them and they are ready to cooperate in future as well.
5. Learned Counsel has placed much reliance on the judgments of the Apex Court passed in case of Bhadresh Bipinbhai Sheth vs. State of Gujarat & Another reported in 2016 (1) SCC (Cri) 240 and Manoj Suresh Jadhav & Ors. vs. The State of Maharashtra, reported in 2018 SCC OnLine SC 3428, wherein the applicant therein was enlarged on anticipatory bail in the added sections U/S 438 Cr.P.C. after being enlarged on regular bail U/S 439 Cr.P.C. Learned Counsel has also placed reliance on the judgment of this Court passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.9742 of 2021, wherein the accused was enlarged on anticipatory bail after being granted regular bail. It is further submitted that the applicant nos.2 & 3 have no criminal history. Criminal history of one case assigned to the applicant no.1 has been explained and he is on bail in the said case. In case, the anticipatory bail application of the applicants is allowed, they will not misuse the liberty and shall cooperate with trial.
6. On the other hand, learned A.G.A. has vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicants.
7. Considering the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98", the applicants are entitled to be granted anticipatory bail in this case.
8. Without expressing any opinion upon ultimate merits of the case either ways which may adversely affect the trial of the case, the anticipatory bail application of the applicants is allowed.
9. In the event of arrest of the applicants, Prashant Choursiya, Vikas Kumar Choursiya and Bhanu Choursiya, involved in the aforesaid case crime number, shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:-
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 him 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 previous permission of the court;
iv. that 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 are exempted;
10. In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicants.
11. It is made clear that observations made in granting anticipatory bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
(Justice Krishan Pahal)
Order Date :- 3.8.2023
Siddhant
