Allahabad High Court
Anand Kumar Srivastava vs State Of U.P. Thru. Prin. Secy. ... on 23 February, 2023
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 44 of 2023
Applicant :- Anand Kumar Srivastava
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
Counsel for Applicant :- Anand Dubey,Prateek Srivastava
Counsel for Opposite Party :- G.A.,Satyam Mishra,Upendra Kumar Sagar,Vishnu Kumar Srivastava
Hon'ble Karunesh Singh Pawar,J.
The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No.299/2021, under Sections 323/324/504/506/308 I.P.C., P.S. Chhapia, District Gonda.
Heard learned counsel for the applicant and learned A.G.A. for the State as also learned counsel for the complainant.
Vide order dated 10.1.2023 , the applicant was granted interim protection by a coordinate Bench of this Court. Gist of the issue involved in the present matter is given in the said order, which is extracted below :
"The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No. 299/2021, under Sections 323/324/504/506/308 I.P.C., P.S. Chhapia, District Gonda.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Learned counsel for the applicant submits that earlier a plot of land was purchased by the wife of the applicant from the informant and the same plot of land was subsequently sold by the informant to some other person. As a result thereof, an application under Section 156(3) Cr.P.C. was moved by the wife of the applicant on 26.04.2017 upon which the learned magistrate directed the concerned SHO to lodge the F.I.R. of the incident and consequently an F.I.R. came to be lodged which was registered as case crime No. 954/2017 under Sections 419/420/467/468/471/504/506 I.P.C. The copy of the F.I.R. is on record. Immediately after lodging of the F.I.R. by the wife of the applicant against the informant, as a counter blast, the present F.I.R. has been lodged on 16.08.2017 regarding an incident which is alleged to have taken place one year and seven months back. In the F.I.R., it is alleged that a sum of Rs. 2,00,000/- has been snatched by the applicant from the informant, however, the charge sheet came to be filed under Section 420/406/506 I.P.C. The independent witnesses namely Banke Bihari Vashisht and Vishwakarma have been introduced by the investigating officer of the incident which took place on 24.01.2016. The investigating officer is known to the son-in-law of opposite party no. 2.
Learned counsel for the applicant submits that the F.I.R. is nothing but a counter blast to the earlier criminal case lodged by the wife of the applicant against the informant, with the aid of her son-in-law who happens to be first investigating officer in this case and it has been lodged only to exert pressure on the applicant and to malign his reputation. The applicant has no criminal history. He is a retired government servant. Charge sheet has been filed in this case.
It has been further submitted that the applicant shall cooperate in the trial.
Issue notice to respondent No. 2.
Learned Addl. Government Advocate prays for and is allowed ten days' time to file counter affidavit.
List on 09.02.2023.
On due consideration to the argument advanced as well as perusal of the record and the fact that cross cases have been filed by both sides, general allegations of assault have been assigned by all three injured persons; no specific role of assault has been assigned to any of the accused persons; the applicant has no criminal antecedents and the earlier F.I.R. lodged by the wife of the applicant against the informant and also considering the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C.
Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned with the following conditions:-
(1) The applicant shall cooperate in the trial and he will not influence the witnesses.
(2) The accused-applicant will remain present on each and every date fixed by the trial court.
(3) The applicant shall not leave India without previous permission of the Court. "
It is submitted on behalf of the applicant that the applicant has cooperated in the investigation. Charge sheet has been filed. He undertakes on behalf of the applicant that the applicant shall cooperate in the trial.
Learned A.G.A. has opposed the prayer made by the applicant's counsel.
Without expressing any opinion on the merit of the case and considering the earlier first information report lodged by the wife of the applicant against the informant as also the fact that he has no criminal antecedent and the investigating officer is none else than son in law of the informant, the undertaking given on behalf of the applicant that he shall cooperate in the trial and gravity of offence, I am of the opinion that in the event of arrest/surrender before the concerned court, the applicant is entitled to be enlarged on anticipatory bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to his cooperation in the trial.
In view of the above as also keeping in view of the judgment in Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC OnLine 98, the accused applicant is directed to surrender before trial court if he is summoned to face trial for offence in question after filing of the charge sheet. In the event of arrest/surrender before the concerned court, the accused applicant shall be enlarged on anticipatory bail by the trial court on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial Court, with the following conditions.
(i) 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 tamper with the evidence;
(ii) The applicant shall not leave India without the previous permission of the court;
(iii)The applicant shall not pressurize/ intimidate the prosecution witness;
(iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;
Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.
It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.
In view of the aforesaid, the anticipatory bail application is allowed.
Order Date :- 23.2.2023
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