Allahabad High Court
Vishal Jain vs State Of U.P. And Another on 3 August, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:155640
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7892 of 2023
Applicant :- Vishal Jain
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Santosh Kumar Singh
Counsel for Opposite Party :- G.A.,Vivek Sharma
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Santosh Kumar Singh, learned counsel for the applicant, Sri Vivek Sharma, learned counsel for the informant 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.385 of 2019, registered under Section 306 IPC at Police Station- Amroha Nagar, District Amroha with a prayer to enlarge him on anticipatory bail.
4. As per prosecution story, the applicant and other family members are stated to have tormented the husband of the informant and are stated to have abetted him to commit suicide on 19.07.2019.
5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. No ingredients of Section 306 I.P.C. are fulfilled. There is no role of abetment assigned to the applicant. Leaned counsel has further stated that after thorough investigation, the signatures on the suicide note did not match, as such the police was pleased to file a closure report in it. Subsequent to it, on the protest petition filed by the informant, the applicant and other co-accused persons have been summoned. There was a Will deed executed by the mother of the applicant and a part of the house was apportioned to the deceased person and other parts were apportioned to the applicant and his brother. It is even wrong to suggest that the deceased was deprived of his valuable rights. The Will deed has not been executed by the applicant. It has been executed by his mother. 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. There are no criminal antecedents of the applicant. 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.
6. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the anticipatory bail application and have stated that the applicant has not come with clean hands and has made several wrong averments in his anticipatory bail application, but could not dispute the fact that the closure report was filed and handwriting in the suicide note did not match. Learned counsel for the informant although argued that the sample of the handwriting of the deceased was given to the Investigating Officer on 23.07.2019 and the same was sent for analysis to FSL on 13.10.2019. The said delay speaks volume of the collusion of the applicant with the police.
7. On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. 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.
8. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Vishal Jain 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 concerned shall have the liberty to cancel the bail.
9. 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 :- 3.8.2023
Ravi Kant
