Ankush Kumar Khandekar And 5 ... vs State Of U.P. And Another
2023 Latest Caselaw 3469 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2374 of 2021
 

 
Applicant :- Ankush Kumar Khandekar And 5 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Tapan Kumar Mishra,Mukesh Kumar
 
Counsel for Opposite Party :- G.A.,Shiv Sharan Tripathi
 

 
Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Sri Mukesh Kumar, learned counsel for the applicants and Sri Pankaj Srivastava, learned A.G.A. for the State as well as perused the record.

The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No. 729 of 2020, under Section 406 IPC & 3/4 D.P. Act, Police Station-Banna Devi, District-Aligarh with a prayer to enlarge them on anticipatory bail.

On 05.2.2021, the following order was passed:-

"Implication of the applicants under the alleged offences appears to be on account of matrimonial dispute.

Learned counsel for the applicants has submitted that the allegations made are absolutely false. They have been made for ulterior motives and to pressurize the applicants.

Before passing final order, the Court considers it appropriate to hear the opposite party no. 2.

Issue notice to opposite party no. 2, Shiv Singh, returnable within four weeks.

List this case on 05.04.2021.

In the meantime, learned A.G.A. may file counter affidavit.

Till then, in case of their arrest, the applicants, Ankush Kumar Khandekar, Smt. Sradha Khandekar, Chandra Kumar Khandekar, Manish Kumar Khandekar, Kamal Kumar Khandekar and Smt. Savita Khandekar, shall be enlarged on interim anticipatory bail in Case Crime No. 729 of 2020 under Sections 406 I.P.C. & Section 3/4 of Dowry Prohibition Act, Police Station- Banna Devi, District- Aligarh, on their furnishing personal bonds of Rs. 50,000/- each and two sureties each of like amount before the Station House Officer of Police Station/Court concerned with the following conditions:-

(i) The applicants shall make themselves available for interrogation by the police officer as and when required, if investigation is in progress;

(ii) 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 such person from disclosing such facts to the Court or to any police officer;

(iii) The applicants shall not leave the country without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. concerned/Court concerned;

(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad before the Court/Authority/Official concerned; and

(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

In default of any of the conditions, the Investigating Officer/Government Advocate is at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicants.

The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order.

A copy of this order downloaded from the official website of this court shall also be produced before the S.P/S.S.P concerned by the applicants, if the investigation is still in progress, who shall ensure compliance of this order after due verification from official website of this court."

Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case and they have an apprehension that they may be arrested in the abovementioned case, whereas there is no credible evidence against them. He further submits that the applicants have cooperated in the investigation till submission of chargesheet on 17.3.2021 and undertake to face the trial without seeking any adjournment. He has not misused the liberty granted to him. He next submits that the applicants have been falsely implicated due to matrimonial dispute between the parties in order to exert pressure upon the applicants. The applicants have always co-operated in the investigation and have not misused the liberty of aforesaid interim anticipatory bail, which was granted to them on 05.2.2021 by a coordinate Bench of this Court, therefore, the applicants are also entitled to be released on anticipatory bail. He further submits that applicants have no criminal history. Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegation made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon length. Learned counsel for the applicants undertake that they have cooperated 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.

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 applicants.

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 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 applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.

In view of the above, the anticipatory bail application of the applicants are allowed.

Let the accused-applicants ? (i) Ankush Kumar Khandekar, (ii) Smt. Sradha Khandekar, (iii) Chandra Kumar Khandekar, (iv) Manish Kumar Khandekar, (v) Kamal Kumar Khandekar, and (vi) Smt. Savita Khandekar be released forthwith in the aforesaid case crime 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 trial court concerned with the following conditions:-

1. The applicants shall not leave India during the currency of trial without prior permission from the concerned trial Court.

2. The applicants shall surrender their passport, if any, to the concerned trial Court forthwith. Their passport will remain in custody of the concerned trial Court.

3. 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;

4. The applicants 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.

5. In case, the applicants misuses the liberty of bail, the trial Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal and others v. State (NCT of Delhi) and another, (2020) 5 SCC 1.

6. The applicants 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 their bail and proceed against them in accordance with law.

Order Date :- 3.2.2023

DS