Allahabad High Court
Chandrapal Singh And 2 Others vs State Of U.P. And Anothers on 24 May, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:117072
Court No. - 83
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10153 of 2022
Applicant :- Chandrapal Singh And 2 Others
Opposite Party :- State Of U.P. And Anothers
Counsel for Applicant :- Ajay Sengar,Ruchita Singh
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Rejoinder affidavit filed by learned counsel for the applicants is taken on record.
3. Heard Sri Ajay Sengar, learned counsel for the applicants and Sri Nitin Kesharwani, learned A.G.A. for the State as well as perused the record.
4. The present anticipatory bail application has been filed on behalf of the applicants in Criminal Case No.2745 of 2009 (State of UP vs. Arun Kumar Singh and others), arising out of Case Crime No.940 of 2009, registered under Sections 419, 420, 467, 468, 471, 506, 34 I.P.C. at Police Station- Orai, District Jalaun with a prayer to enlarge them on anticipatory bail.
5. As per prosecution story, the applicants are stated to have purchased the land of the informant by impersonating him.
6. Learned counsel for the applicants has stated that they have been falsely implicated in this case. They have nothing to do with the said offence. They are bona fide purchaser and themselves have been duped of their hard earned money. The civil dispute with respect to the said property is pending. Learned counsel has stated that the applicants have no criminal history to their credit. The informant himself has subsequently sold the said land which he had sold earlier on to the applicants. The applicants have been subjected to double jeopardy as the said land has been re-sold by the informant and FIR has been instituted against them. Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegations made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon at length. The applicants have apprehension of their arrest. Learned counsel for the applicants undertakes that they have co-operated in the investigation and are ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
7. Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicants.
8. 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 are liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1". 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.
9. In view of the above, the anticipatory bail application of the applicants is allowed. Let the accused-applicants- Chandra Pal Singh, Smt. Sureshwati and Ashish Kumar Singh be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i). that the applicants shall make themselves available for interrogation by a police officer as and when required;
(ii). that 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 or tamper with the evidence;
(iii). that the applicants shall not leave India without the previous permission of the court;
(iv). that in case charge-sheet is submitted the applicants shall not tamper with the evidence during the trial;
(v). that the applicants shall not pressurize/ intimidate the prosecution witness;
(vi). that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted;
(vii). that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
10. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.
[Krishan Pahal, J.]
Order Date :- 24.5.2023/ Vikas
