Allahabad High Court
Kashiram Rajpoot vs State Of U.P. on 25 August, 2023
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:172259
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9691 of 2023
Applicant :- Kashiram Rajpoot
Opposite Party :- State of U.P.
Counsel for Applicant :- Priyanka Devi,Dev Prakash Sharma
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
1. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.96 of 2022, under Section 306 I.P.C. and Section 22 of the Uttar Pradesh Regulation of Money Lending Act, 1976, P.S.- Kulpahad, District- Mahoba.
2. As per prosecution story, the husband of the informant committed suicide due to suffering of insult and beating by many Money Lenders. It is further alleged that the applicant and his son Amit Rajpoot exert pressure for making an agreement of house of the deceased, the applicant and his son demanded the debt money and have commit mental torture.
3. Learned counsel for the applicant submitted that the applicant is father of the co-accused- Amit Rajpoot; the applicant has been falsely implicated in the present case due to ulterior motive; the applicant has not committed any offence as alleged in the FIR in fact the applicant has never demanded any money or harassed the deceased. Learned counsel for the applicant has drawn the attention of this Court towards the suicide note of the deceased where specific role has been assigned to the co-accused Amit Rajpoot and no role has been assigned to the applicant, copy of the suicide note is annexed as Annexure No.6 to the affidavit. The applicant has no concern with the alleged incident. Learned counsel for the applicant further submitted that earlier the applicant has approached this Court for anticipatory bail and this Court vide order dated 06.02.2023 passed in Criminal Misc. Bail Application No.4007 of 2022 has granted anticipatory bail till submission of Police report under Section 173 (2) Cr.P.C. He submitted that the applicant has fully co-operated with the investigation. The charge sheet was submitted on 08.12.2022, thereafter, the applicant moved anticipatory bail application before the court below concerned and the same was rejected on 02.08.2023, hence, the present application. The applicant is having no previous criminal history as has been mentioned in paragraph 27 of the affidavit. Learned counsel for the applicant further submits that applicant has apprehension of imminent arrest and in case, applicant is released on anticipatory bail, he will not misuse the liberty and would co-operate with the trial.
4. Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant but could not dispute the submission raised by learned counsel for the applicant.
5. Heard Smt. Priyanka Devi Sharma, learned counsel for the applicant and learned Additional Government Advocate for the State as well as perused the material available on record.
6. Considering the facts and circumstances of the case and as per suicide note of the deceased, no case for the offence under Section 306 I.P.C. is not made out against the applicant, he is directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
7. In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant-Kashiram Rajpoot, involved in the aforesaid case crime be released on anticipatory bail on furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
(i) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation.
(ii) 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.
(iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
(iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.
(v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
(vi) In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
(vii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against his in accordance with law.
8. In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
9. With the aforesaid observations/ directions, the application stands allowed.
Order Date :- 25.8.2023
Krishna*
