Allahabad High Court
Himanshu And 2 Others vs State Of U.P. on 16 December, 2023
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:238965
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13550 of 2023
Applicant :- Himanshu And 2 Others
Opposite Party :- State of U.P.
Counsel for Applicant :- Mrityunjay Dwivedi
Counsel for Opposite Party :- G.A.,Kamal Kaushal Upadhyay
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Mrityunjay Dwivedi, learned counsel for the applicants, Sri Durvijay Singh, Advocate holding brief of Sri K.K. Upadhyay, learned counsel for the informant and Sri Deepak Kumar 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 applicants in Case Crime No.658 of 2023, registered under Sections 147, 323, 306 I.P.C. at Police Station- Khair, District- Aligarh with a prayer to enlarge them on anticipatory bail.
4. As per prosecution story, the applicants alongwith three other co-accused persons, namely, Lalit, Sumit and Teju are stated to have assaulted the son of the informant by abducting and taking him to petrol pump one day before the incident at about 10:00 a.m. at town Khair. Subsequent to it, peeved by the said humiliation at the instance of the applicants and other co-accused persons, the son of the informant is stated to have committed suicide by hanging.
5. Learned counsel for the applicants has stated that they have been falsely implicated in this case. Three injuries have been found on the body of the deceased person in addition to the ligature mark on his neck. The applicants are bona fide persons and the ingredients of Section 107 and 306 I.P.C. are not fulfilled as no role of abetment is assigned to any of the accused person. 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 has stated that the applicants undertake 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.
6. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the anticipatory bail application on the ground that there are criminal antecedents of two of the applicants as is evident from the court's rejection order of the Session Judge, Aligarh.
7. In rebuttal, learned counsel for the applicants has stated that the applicants have no criminal antecedents to their credit which stands fortified by the statement of learned A.G.A. who has stated that as per his instructions there is no criminal antecedent of the applicants.
8. On due consideration to the arguments advanced by learned counsel for the parties 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- Himanshu, Vikash and Mohit 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 :- 16.12.2023
Vikas
[Krishan Pahal, J.]
