Allahabad High Court
Atul Singh And 4 Others vs State Of U.P. on 28 July, 2023
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:151822
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4552 of 2021
Applicant :- Atul Singh And 4 Others
Opposite Party :- State of U.P.
Counsel for Applicant :- Prem Narayan Singh,Sunil Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
1. Supplementary affidavit filed on behalf of the applicant today in the Court, the same is taken on record.
2. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned Additional Government Advocate for the State as well as perused the material available on record.
3. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 1004 of 2020 under Sections 498-A, 323, 504, I.P.C. & Section 3/4 of Dowry Prohibition Act, 1961, Police Station- Cantt. District- Varanasi during the pendency of investigation.
4. Learned counsel for the applicants that the matter was referred to the Mediation Centre of this Court vide order dated 25.03.2021 to enable them to explore the possibility of compromise. In pursuance thereto, the parties, out of their own free will, have settled their dispute amicably on 24.05.2022, copy of the same is on record. Learned counsel for the applicants further submitted that the parties have mutually filed petition under Section 13-B of Hindu Marriage Act, 1955 in which the court below has granted divorce to the parties on 14.04.2022, copy of the same is annexed as Annexure No.2 to the supplementary affidavit. Learned counsel for the applicants further submitted that applicants have apprehension of imminent arrest and in case, applicants are released on anticipatory bail, they will not misuse the liberty and would co-operate with the trial.
5. Learned counsel for the opposite party no.2 has not disputed the fact of parties having entered into compromise and they have settled their dispute and petition under Section 13-B of Hindu Marriage Act, 1955 has been allowed, hence the opposite party no.2 does not want to proceed further in present case.
6. Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicants, the applicants are directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. The future contingencies regarding anticipatory bail being granted to applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.
6. In the event of arrest, the applicants shall be released on anticipatory bail. Let the applicants- Atul Singh, Ramkriti Singh, Manju Bala Singh, Achala Singh and Kriti Singh, involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
(1) 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.
(2) The applicants shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
(3) The applicants shall surrender their passport, if any, to the concerned Court forthwith. Their passport will remain in custody of the concerned Court.
(4) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicants.
(5) In case, the applicants misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
(6) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against his in accordance with law.
7. In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
8. With the aforesaid observations/ directions, the application stands disposed of.
Order Date :- 28.7.2023
Krishna*
