Allahabad High Court
Smt. Bittan Vishwakarma @ Bittan ... vs State Of Up Thru.Prin.Secy.Home ... on 5 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. - 272 of 2022
Applicant :- Smt. Bittan Vishwakarma @ Bittan Devi And Another
Opposite Party :- State Of Up Thru.Prin.Secy.Home Lko And Another
Counsel for Applicant :- Riyaz Ahmad,Hemant Kumar Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This Court vide order dated 24.02.2022 has passed the following order:-
"Heard Sri Riyaz Ahmad, learned counsel for the applicants and 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. 379/2021, under Section 457, 380, 413, 323, 504, 506 Indian Penal Code, Police Station Krishna Nagar, District Lucknow, with a prayer to enlarge them on anticipatory bail.
As per prosecution story, applicants Smt. Bittan Vishwakarma @ Bittan Devi and Aman Vishwakarma are wife and son respectively, of Anand Kumar Vishwakarma, who is stated to have rented a shop to first informant and in the year 2019, the first informant is stated to have given possession to the father of the applicant no. 2, who later on expired on 21.1.2021. The applicant on the basis of this fact, became owners of the said property and later on the applicants are said to have put their lock on the said premises and not let the first informant into that property causing a loss to him in his business. The applicant no. 2 is said to have refused to take the rent from the first informant. The applicant are said to have broken the godown and sold the goods worth Rs. 10-15 lakh and challenged the first informant to go to the police station.
Learned counsel has stated that the truth is that on 8.9.2021 at about 11.30 am when the applicant no. 1 was at her house, the informant Pawan Kumar Chawla alongwith four to five persons barged into her house and demanded the keys and is stated to have outraged her modesty. He has further stated that applicants have been granted interim protection vide order dated 10.2.2020 by a co-ordinate Bench of this Court in CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 172 of 2022 in the FIR lodged by another tenant.
Learned counsel for the applicants undertakes that they will cooperate in the investigation failing which the State can move appropriate application for vacation of the interim protection.
Learned A.G.A. has opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicants.
Matter requires consideration.
Learned A.G.A. is granted two weeks time to file counter affidavit.
One week's time, thereafter, is granted to learned counsel for applicants for filing rejoinder affidavit.
On due consideration to the arguments advance 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, 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. Bittan Vishwakarma @ Bittan Devi and Aman Vishwakarma shall be released forthwith in the aforesaid case crime (supra) on interim anticipatory bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. 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.
List this case on 6th April, 2022 in the additional cause list."
Learned counsel for the applicant has submitted that the aforesaid protection was given by this Court vide order dated 24.02.2022. The present applicant has not misused the liberty to bail, so granted by this Court vide order dated 24.02.2022 (supra). He has given further undertaking that the present applicant shall cooperate with the investigation.
Learned AGA opposed the prayer for bail but could not dispute the submissions of learned counsel for the applicant. On being confronted as to whether the present applicant has misused the liberty of bail, learned AGA has submitted on the basis of instructions that no such instruction has been received by him.
Be that as it may, since the applicant has been given interim protection vide order dated 24.02.2022 (supra) and the present applicant has not misused the liberty of bail, therefore, without entering into the merits of the issue but considering the arguments of parties, material available on record, the fact that the charge-sheet has not been filed and his further undertaking that he shall cooperate with the investigation, I find it appropriate that liberty of the applicant may be protected till completion of investigation or till filing of police report u/s 173(2) Cr.P.C. view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. However, the present applicant shall furnish his personal bond and two sureties of Rs. 50,000/- before the investigating officer / court concerned on the same terms and conditions as indicated in the order dated 24.02.2022.
In view of above, the application is disposed of .
Order Date :- 5.1.2023
R.C.
