Allahabad High Court
Raj Kishor vs State Of U.P. Thru. Prin. Secy. ... on 23 January, 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. - 1530 of 2022
Applicant :- Raj Kishor
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home, Civil Secretariat, Lko.
Counsel for Applicant :- Vijayendra Prakash Tripathi
Counsel for Opposite Party :- G.A.,Satyendra Kumar Tripathi
Hon'ble Karunesh Singh Pawar,J.
The present bail application has been filed by the applicant under Section 438 Cr.P.C. apprehending his arrest in Case Crime No.0475 of 2020, under Sections 419, 420, 467, 468, 471, 452, 504 & 506 IPC, Police Station - Utraula, District - Balrampur.
Heard learned counsel for the applicant and learned A.G.A. for the State as well as learned counsel for the complainant.
The Coordinate Bench of this Court vide order dated 19.09.022 has passed the following order granting interim protection to the applicant:-
"Heard learned counsel for the applicant, learned AGA for the State and Sri Satyendra Kumar Tripathi, who has filed Vakalatnama on behalf of the informant/ complainant. Said Vakalatnama is taken on record.
As per learned counsel for the applicant, the present applicant is apprehending his arrest in Case Crime No.0475 of 2020, under Sections 419, 420, 467, 468, 471, 452, 504 & 506 IPC, Police Station - Utraula, District - Balrampur.
Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards Annexure No.6 of the application, which is an order dated 13.09.2021 passed by this Court in Application U/S 482/378/407 No.3070 of 2021 granting interim protection to the applicant. After filing charge-sheet, the aforesaid petition was disposed of finally giving liberty to the applicant to surrender before the learned court below to apply his regular bail and learned trial court was directed to dispose of regular bail application of the applicant in the light of the judgment of the Apex Court in re; Satender Kumar Antil vs. Central Bureau of Investigation and Others; SLP (Crl) No.5191 of 2021. Learned counsel has submitted that applicant no.1 of that application, namely Gayatri Devi filed Criminal Misc. Anticipatory Bail Application No.1468 of 2022 and this Court was pleased to keep that application pending granting interim anticipatory bail to Gayatri Devi, who is wife of the present applicant. There is one more co-accused, namely, Kamani Prasad Tiwari, who has also been granted interim anticipatory bail by this Court vide Criminal Misc. Anticipatory Bail Application No.1470 of 2022. Therefore, learned counsel for the applicant has submitted that since two co-accused persons have been granted interim anticipatory bail, therefore, the present applicant may also be granted interim anticipatory bail on the basis of principles of parity.
Per contra, learned AGA has opposed the aforesaid prayer of the learned counsel for the applicant by submitting that when the applicant has been granted liberty by this Court to file regular bail application before the competent court of law, he should abide by such direction of this Court and instead of filing his regular bail, he has filed anticipatory bail application, which is misuse of the process of law.
Since wife of the present applicant, namely, Gayatri Devi and one more co-accused, namely, Kamani Prasad Tiwari have been granted interim anticipatory bail, therefore, objection of learned AGA as well as learned counsel for the informant/ complainant shall be considered on the next date and both the counsels may file counter affidavit/ seek instructions in the matter.
List on 30.09.2022 as fresh along with Criminal Misc. Anticipatory Bail Applications No.1468 of 2022 and 1470 of 2022.
Let instructions be sought by the learned counsels for the opposite parties.
Till the next date of listing, it is directed that in the event of arrest, applicant- Raj Kishor shall be released on interim anticipatory bail in the aforesaid case crime number on his furnishing a personal bond of Rs.25,000/- with two sureties each in the like amount to the satisfaction of the arresting authority/ court concerned with the following conditions:-
1. that the applicant shall make himself available for interrogation by a police officer as and when required;
2. 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;
3. that the applicant shall not leave India without the previous permission of the court.
When the case is next listed, name of Sri Satyendra Kumar Tripathi shall be printed in the cause list as counsel for the informant/ complainant."
Learned counsel for the applicant submits that the applicant is husband of Gayatri Devi whose anticipatory bail application has been allowed by this Court. It is also submitted that charge sheet has been filed in this case. The applicant shall cooperate in the trial. It is lastly submitted that the applicant is not the beneficiary in this case.
Learned A.G.A. as well as learned counsel for the complainant have vehemently opposed the bail application, however, could not dispute the fact that the applicant has no criminal history.
On due consideration to the submissions advanced, perusal of the record as well as considering the fact that the dispute prima facie appears to be of civil nature regarding property of Bindra Upadhayaya which is pending in the Court of Commissioner, Devi Patan Mandal, Gonda; the applicant has no criminal history; he has cooperated in the investigation and he shall cooperate in the trial, it would be expedient in the interest of justice that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.
In view of the above, since, charge-sheet in the matter has been filed, the accused applicant is directed to surrender before trial court, if he is summoned to face trial for offence in question. The accused applicant shall be released on bail by the trial court on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court concerned 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 application is allowed.
Order Date :- 23.1.2023
R.C.
