Allahabad High Court
Hari Singh And 4 Others vs State Of U.P. on 6 May, 2024
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:80865
Court No. - 76
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4281 of 2024
Applicant :- Hari Singh And 4 Others
Opposite Party :- State of U.P.
Counsel for Applicant :- Raghuvansh Misra
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Raghuvansh Misra, learned counsel for the applicants through Video Conferencing and Sri Varun Pratap Singh, learned A.G.A. for the State and also perused the material available on record.
3. The present anticipatory bail application has been filed on behalf of the applicants in Complaint Case No.1833 of 2023, under Sections 420, 467, 468, 471, 323, 504, 506 of IPC, Police Station - Kaila Devi, District - Sambhal, with a prayer to enlarge them on anticipatory bail.
4. As per prosecution story, the applicants are stated to have illegally sold the property without any title belonging to the complainant herein through a registered sale-deed on 04.07.2020.
5. Learned counsel for the applicants has stated that they are maliciously being prosecuted in the present case due to ulterior motive and have apprehension of their arrest. They have nothing to do with the said offence as alleged by the prosecution. It is further stated that they held the title of the land on the date of execution of sale-deed, title was in the name of father of the applicants which has been filed as Annexure-7 to the affidavit filed along with anticipatory bail application. It is true that subsequently, the said property has been mutated to the name of the complainant but the applicants acted as a bonafide person and they held title on the date of execution of the said sale-deed.
6. It is further stated that the impugned summoning order 12.01.2024 has been passed without application of mind and is a cryptic one. 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. It is further submitted that the applicants have no criminal history. In case, the anticipatory bail application of the applicants is allowed, they will not misuse the liberty and shall cooperate with trial.
7. On the other hand, learned A.G.A. has vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicants and also the fact that the applicants have no criminal history.
8. Considering the arguments advanced by the learned counsel for the parties, nature of accusations and antecedents of the applicants, the applicants are liable to be enlarged on anticipatory bail in view of the law laid down by the 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 applicant shall also be taken care of as per the aforesaid judgment of Supreme Court.
9. Without expressing any opinion upon ultimate merits of the case either ways which may adversely affect the trial of the case, the anticipatory bail application of the applicants is allowed.
10. In the event of arrest of the applicants, Hari Singh, Lakhpat, Lalaram, Chhote Singh and Vijay Pal, involved in the aforesaid case crime number, shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:-
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 him 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 previous permission of the court;
iv. that 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 are exempted;
11. In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicants.
12. It is made clear that observations made in granting anticipatory bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date:- 6.5.2024
Siddhant
(Justice Krishan Pahal)
