Allahabad High Court
Vinod Kumar Tyagi And 2 Others vs State Of U.P. And 2 Others on 11 August, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:163479
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 608 of 2022
Applicant :- Vinod Kumar Tyagi And 2 Others
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Atipriya Gautam,Ishir Sripat,Sr. Advocate,Vinod Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Rejoinder affidavit filed by learned counsel for the applicant is taken on record.
3. Heard Sri Vinod Kumar Mishra, learned counsel for the applicants and Sri Sunil Kumar, learned A.G.A. for the State as well as perused the record.
4. The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No.286 of 2021, registered under Sections 120-B, 193, 194, 342, 344 I.P.C. at Police Station- Adampur, District Amroha with a prayer to enlarge them on anticipatory bail.
5. As per prosecution story, one FIR was instituted at the police station Adampur as FIR No.51 of 2019 alleging that the daughter of the informant is missing since 6.2.2019 and the named accused persons therein, namely, Horam, Harphool, Smt. Khemwati, Jaipal and Surendra, have abducted her, whose missing report was already filed at police station on 10.2.2019. Subsequent to it, the investigation was taken up and clothes and slippers of the victim was recovered near the river, as such, on the basis of the statements recorded by the villagers the case of honour killing was instituted against the father and bother of the victim who were incarcerated for substantial period of time. During the period of COVID-19 pandemic, it transpired that the victim therein was living with a boy Rakesh son of Balwant and had a issue out of the said corporeal relationship with Rakesh, as such, the present FIR was instituted on 23.10.2021 after moving an application under Section 156(3) Cr.P.C. against the Investigating Officer and other officials including all the police officers of the police station.
6. Learned counsel for the applicants has stated that the applicant nos. 1, 2 and 3 are Sub-Inspectors who were posted at the police station and had nothing to do with the investigation of the said case. The Investigating Officer was the SHO Ashok Kumar Sharma. The applicants have been made an accused on the basis of suspicion only. No overt act has been assigned to the applicants in the FIR or in the statements recorded subsequent to it. Learned counsel has further stated that the applicants are public servant and there is no likelihood of them absconding. The applicants have no criminal history to their credit. Learned counsel has further stated that the applicants were granted interim protection by this Court vide order dated 17.2.2022. 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. 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 A.G.A. has vehemently opposed the anticipatory bail application but could not dispute the fact that neither of the applicants is the Investigating Officer of the said case.
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- Vinod Kumar Tyagi, Rakesh Kumar and Arif Mohammad 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.
Order Date :- 11.8.2023
Vikas
[Krishan Pahal, J.]
