Allahabad High Court
Ramesh Chandra Sharma vs State Of U.P. Thru. Prin. Secy. ... on 10 May, 2023
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:32155
Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1073 of 2023
Applicant :- Ramesh Chandra Sharma
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
Counsel for Applicant :- Pushkal Shukla,Komal Prasad Tiwari
Counsel for Opposite Party :- G.A., Dinesh Kumar Chaudhary
Hon'ble Karunesh Singh Pawar,J.
1.The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No.
2.Heard learned counsel for the applicant, Mr. Dinesh Kumar Chaudhary, learned counsel for the complainant who has filed vakalatnama today which is taken on record, and learned A.G.A. for the State.
3. It is submitted on behalf of the applicant that the applicant is a government servant. He has been falsely implicated. The applicant happens to be father in law of respondent No.2 who is having a matrimonial dispute with daughter of the applicant. The Sessions Judge has rejected anticipatory bail application of the applicant on the ground that against the applicant, similar nature of case was registered at police station G.R.P., district Moradabad. However, he overlooked the fact that in the said case, the accused applicant has been acquitted vide order contained in annexure No.8 to the application.
It is next submitted that the applicant has cooperated in the investigation. Charge sheet has been filed. He undertakes on behalf of the applicant that the applicant shall cooperate in the trial.
4.Learned A.G.A. and complainant's counsel have opposed the prayer made by the applicant's counsel.
5.Without expressing any opinion on the merits of the case, the applicant has been acquitted in the previous case registered against him, there is admitted matrimonial dispute going on between the parties, the offences are triable by Magistrate, and considering the nature of accusation, the undertaking given on behalf of the applicant that he shall cooperate in the trial and gravity of offence, I am of the opinion that in the event of arrest/surrender before the concerned court, the applicant is entitled to be enlarged on anticipatory bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to his cooperation in the trial.
7.In view of the above as also keeping in view of the judgment in Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC OnLine 98, the accused applicant Ramesh Chandra Sharma is directed to surrender before trial court if he is summoned to face trial for offence in question after filing of the charge sheet. In the event of arrest/surrender before the concerned court, the accused applicant shall be enlarged on anticipatory bail by the trial court on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial Court, with the following conditions.
(i) The applicant 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 applicant shall not leave India without the previous permission of the court;
(iii)The applicant shall not pressurize/ intimidate the prosecution witness;
(iv)The applicant 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.
8.In view of the aforesaid, the anticipatory bail application is allowed.
Order Date :- 10.5.2023
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