Smt. Surinder Kaur And 3 Others vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 2313 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1069 of 2022
 
Applicant :- Smt. Surinder Kaur And 3 Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
 
Counsel for Applicant :- Nagendra Mohan,Salil Mohan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

The present bail application has been filed by the applicants under Section 438 Cr.P.C. apprehending his arrest in Case Crime 543/2021, under Sections 147, 406, 452, 504, 506/34, 420, 467, 468 and 471 I.P.C., P.S. Krishna Nagar, District Lucknow.

Heard learned counsel for the applicants and learned A.G.A. for the State.

The Coordinate Bench of this Court vide order dated 08.07.2022 passed the following order granting interim protection to the applicants:-

Heard Sri Nagendra Mohan, learned counsel for the applicants and Sri S.B. Sharma, learned counsel for the complainant as well as learned A.G.A. for the State.

The present anticipatory bail application has been filed on behalf of the applicants in F.I.R./Case Crime No. 543 of 2021, under Sections 147, 406, 452, 504, 506, 34, 420, 467, 468, 471 I.P.C., Police Station Krishna Nagar, District Lucknow, with a prayer to enlarge them on anticipatory bail.

As per the prosecution story, the FIR was lodged against seven persons including the applicants wherein they are stated to have taken a house on rent on 01.10.1973 at the rate of 1000/- per month and later on it was increased to Rs.1900/- per month. The rent of the aforesaid property became due to the tune of Rs.1,90,330/- till 17.8.2007 and they did not pay the rent for a long period of time. The complainant is stated to have purchased the said land in the year 2007. When complainant asked the applicants to pay the rent due to him, they refused to do so. On 17.10.2019, a panchayat was organized in which the applicants are stated to have agreed to pay the rent along with arrears due towards them but they did not adhere to the said resolution of the panchayat. On 22.10.2021, the complainant gave a legal notice to the applicants but to no avail. On 13.12.2021 at 08:00 PM, when complainant asked for said rent from the applicants and other persons, they are stated to have misbehaved with them and refused to pay the amount due which is stated to be 10,71,48,000/- and threatened to grab the property. The matter is of civil nature and the criminal colour has been added to it under the influence of the complainant.

Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. Absolutely vague allegations have been made against them. There is no criminal history of the applicants. Learned counsel has further undertakes that they will cooperate in the investigation failing which the State can move appropriate application for vacation of the interim protection.

Sri S.B. Sharma, learned counsel for the informant as well as learned A.G.A. have vehemently opposed the prayer for grant of anticipatory bail on the ground that the applicants are keeping the said property for a long period of time and have denied any access to the complainant to the said property. Charge-sheet has not been filed as they are continuously absconding.

Considering the arguments advanced by the learned counsel for the parties and also considering the nature of accusations and antecedents of the applicants, the applicants, as an interim measure, are liable to be enlarged on anticipatory bail in view of the Constitution Bench judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98". 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 the event of arrest, the accused-applicants- Smt. Surinder Kaur, Harminder Singh, Smt. Gurvinder Kaur and Smt. Balvinder Gandhi shall be released forthwith in the aforesaid case crime (supra) on interim anticipatory bail on furnishing a personal bond of Rs.50,000/- and two sureties each in the like amount to the satisfaction of the S.H.O./court concerned on the following conditions:-

(i) The applicants shall make themselves available for interrogation as and when required;

(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 them from disclosing such facts to the Court or to any police officer; and

(iii) the applicants shall not leave India without the previous permission of the Court.

(iv) the applicants shall cooperate with the investigation/trial sincerely without seeking any adjournment.

Sri S.B. Sharma, learned counsel for the informant as well as learned A.G.A. may file their counter affidavits within a period of three weeks.

One week time, thereafter, is granted to the learned counsel for the applicant to file rejoinder affidavit.

List on 01.09.2022 in the additional cause list."

Learned counsel for the applicants submits that during pendency of this petition, the parties have entered into compromise. The co-accused Parvinder Singh has been granted regular bail by the Coordinate Bench of this Court vide order dated 19.09.2022 passed in Criminal Misc. Bail Application No. 8909/2022 "Parvinder Singh Vs. State of U.P"

Learned A.G.A. has vehemently opposed the bail application, however, could not dispute the fact that the parties have entered into compromiss.

On due consideration to the submissions advanced, perusal of the record so also the fact the parties have entered into compromise; the matter is primarily of civil nature and the applicants have cooperated in the investigation and undertakes to cooperate in the trial, it would be expedient in the interest of justice that the liberty of the applicants 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 applicants namely Smt. Surinder Kaur, Harminder Singh, Smt. Gurvinder Kaur and Smt. Balvinder Kaur is directed to surrender before trial court, if they are summoned to face trial for offence in question. The accused applicants shall be released on bail by the trial court on their 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 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 him from disclosing such facts to the court or tamper with the evidence;

(ii) The applicants shall not leave India without the previous permission of the court;

(iii)The applicants shall not pressurize/ intimidate the prosecution witness;

(iv)The applicants 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 applicants 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.