Allahabad High Court
Jitendra Pratap Pandey And ... vs State Of U.P. Thru. Prin. Secy. ... on 9 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. - 1312 of 2022
Applicant :- Jitendra Pratap Pandey And Another
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Anohter
Counsel for Applicant :- Anoop Kumar,Sandeep Kumar Srivastava,Vineet Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicants, learned Additional Government Advocate for the State and perused the record.
This Court vide order dated 11.08.2022 has passed the following order:
"Heard Sri Vineet Srivastava, learned counsel for the applicants, Sri Vinay Kumar Shahi, learned AGA for the State and perused the material available on record.
The present anticipatory bail application has been filed on behalf of the applicants in F.I.R. No.73 of 2022, under Sections 498A, 323, 504, 506 and 354 IPC and Sections 3/4 Dowry Prohibition Act, 1961, Police Station Mahila Thana Lucknow Central, District Lucknow, with a prayer to enlarge them on anticipatory bail.
As per prosecution story, the marriage of the informant was solemnized with co-accused person Prashant Ratna Pandey on 11.12.2020. On reaching her in-laws home, she was ill-treated by her in-laws, including the applicants, for demand of additional dowry of Rs.5 lakhs. There are several allegations levelled against the other members of the family of the husband. There are general allegations against the applicants.
Learned counsel for the applicants has stated that the applicants are father-in-law and mother-in-law of the informant and applicant no.1 is suffering from prostate cancer. Learned counsel has further stated that the applicants have been falsely implicated in the present case and they have nothing to do with the said offence. The investigation is going on and the charge-sheet has not yet been filed against the applicants. Learned counsel for the applicants undertake 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 AGA is granted two weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.
List this case on 26.09.2022 in the additional cause list.
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, 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 applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
In the event of arrest, the accused-applicants- Jitendra Pratap Pandey and Smt. Durgawati 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 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.
It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial or deciding the regular bail application."
Learned counsel for the applicant submits that the applicants are co-operating in the investigation. They have no criminal antecedents. The dispute is between the parties is matrimonial in nature. The applicants are father-in-law and mother-in-law of the informant. Learned counsel for the applicant s undertakes that the applicants shall cooperate in the investigation.
Learned AGA has opposed the prayer for anticipatory bail, however he could not dispute the fact that the dispute between the parties is matrimonial in nature and applicants have co-operated in the investigation. He further submits that investigation is going on.
Without entering into the merits of the issue and considering the arguments of learned counsel for the parties, and the undertaking of the applicant that he shall cooperate in the investigation so also the fact that the dispute between the parties is matrimonial in nature and the applicants undertake to cooperate in the investigation, it would be expedient in the interest of justice that the liberty of the applicants may be protected till filing of police report u/s 173(2) Cr.P.C in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.
Therefore, the anticipatory bail application is allowed. In the event of arrest, applicants shall be released on anticipatory bail in the aforesaid Case Crime number on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:-
(1) The applicants shall cooperate in the investigation and he will not influence the witnesses.
(2) The accused-applicants will remain present as and when the arresting officer/I.O./S.H.O. concerned call (s) for investigation/interrogation.
(3) The applicants shall not leave India without previous permission of the Court.
(4) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection.
Order Date :- 9.1.2023
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