Allahabad High Court
Vikram Prasad And Another vs State Of U.P. Thru. Prin. Secy. ... on 5 May, 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. - 576 of 2022
Applicant :- Vikram Prasad And Another
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
Counsel for Applicant :- Vijay Pratap Singh
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicants, learned A.G.A. for the State-respondents and perused the record.
The present anticipatory bail application has been filed on behalf of the applicants in F.I.R. No. 0079 of 2020, under Sections 419, 420, 467, 468, 471 IPC, Police Station Kotwali Dehat, District Balrampur, with a prayer to enlarge them on anticipatory bail.
A Co-ordinate Bench of this Court vide order dated 21.04.2022, while granting interim protection to the applicants, has passed the following order:-
"Heard 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 F.I.R. No. 0079 of 2020, under Sections 419, 420, 467, 468, 471 IPC, Indian Penal Code, Police Station Kotwali Dehat, District Balrampur, with a prayer to enlarge them on anticipatory bail.
As per prosecution story, grandfather of first informant has expired on 14.12.1981. There was ancestral land of 2.881 hectares. The first informant inherited the said ancestral land on 28.12.2018 but was not mutated to him due to callous approach of the officials. On 28.12.2018 a registered will deed was executed by one Chithru on behalf of the grandfather of first informant in favour of Smt. Mannar Mala. The applicants are said to be the marginal witness of the said fake will deed executed on the basis of the fake death certificate dated 2.1.2019.
Learned counsel for the applicants has stated that applicant is only a marginal witness and he has nothing to do with the said offence. There is civil litigation pending between the parties. The name of Smt. Mannar Mala is mentioned as transferee. Learned counsel has further stated that the case of co-accused is on a different footing, and he has already been enlarged on regular bail. Learned counsel 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.
Three weeks' time is granted to learned A.G.A. and learned counsel for the first informant to file counter affidavit.
One week's time, thereafter, is granted to learned counsel for the 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- Vikram Prasad and Bhavani Bheekh 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./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.
List this case on 1st September, 2022, in the additional cause list."
Learned counsel for the applicants submits that charge-sheet has been filed. Applicants have no criminal antecedents and regarding the dispute in question, the matter was contested before the court of Consolidation Officer, Balrampur, the order dated 13.07.2021 is on record. Against that order the civil revision before the court of DGC is pending. He further submits that applicants were cooperated in the investigation and further undertakes to co-operate in the trial.
Learned A.G.A. has opposed the bail prayer.
On due consideration to the submissions advanced, perusal of the record so also the fact that the applicants have no criminal history and litigation is pending between the parties on civil side, they have cooperated in the investigation and they shall further cooperate in the trial, offences are triable by magistrate; 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 applicants are directed to surrender before trial court, if they are summoned to face trial for offence in question. The accused applicants Vikram Prasad and Bhavani Bheekh shall be released on bail by the trial court on their furnishing a personal bond and two sureties each 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 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 :- 5.5.2023
Saurabh Yadav/-
