Allahabad High Court
Akashdeep vs State Of U.P. And 2 Others on 21 August, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:167860
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9062 of 2023
Applicant :- Akashdeep
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Amit Daga,Anchal Kumar Rao
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Amit Daga, learned counsel for the applicant and Sri Varun Pratap Singh, 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.174 of 2020, registered under Sections 498-A, 304-B IPC and Section 3/4 of Dowry Prohibition Act at Police Station- Majhola, District Moradabad with a prayer to enlarge him on anticipatory bail.
4. As per prosecution story, the applicant is the husband of the deceased person. The marriage of the applicant was solemnized with the daughter of the informant as per Hindu Rites on 18.04.2018. On 02.03.2020 at about 2:00 PM, the named accused person Shankarlal is stated to have smothered his daughter-in-law to death. The applicant is stated to be at Teshil, Sadar Moradabad at the time of offence.
5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. He is not named in the FIR. His name has come up later on during investigation on an application filed by the informant that he inadvertently failed to mention his name in the FIR. Learned counsel has further stated that the said application stands falsified on the ground that subsequent to it, another application was given by the informant stating otherwise and a closure report was filed after thorough investigation by the police with respect to the applicant. The final report (charge-sheet) was filed against the co-accused Shankarlal and the trial was going on against him as S.T. No.1229 of 2020, but during the said trial, the named accused person Shankarlal also expired.
6. Learned counsel for the applicant has further stated that on the statement of the informant and other witnesses, the applicant has been summoned vide order dated 19.07.2022 by the Additional District and Sessions Judge/F.T.C.-3, Moradabad by invoking the powers under Section 319 Cr.P.C. The said summoning order has been passed without application of mind and taking into consideration that it was itself mentioned in the FIR that the applicant was not present at the time of offence at the place of occurrence. 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.
7. Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicant.
8. 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.
9. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Akashdeep 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.
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 :- 21.8.2023
Ravi Kant
(Krishan Pahal, J.)
