Narsingh Pal Singh and 2 Others v. State of U.P. and Another

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9953 of 2023 Applicant :- Narsingh Pal Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.

¶1This application has been moved on behalf of the applicants - Narsingh Pal Singh, Smt. Vindeshwari Devi and Priyanka @ Laltesh seeking anticipatory bail in Case Crime No. 133 of 2016, under Sections 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, Police Station Sakrauli, District Etah.

¶2Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

¶3It is submitted by the learned counsel for the applicants that applicants are innocent and they have apprehension of arrest in the above-mentioned case, whereas there is no credible evidence against them. Allegations levelled against the applicants are false. It is further submitted that the proceedings of this case were stayed by this Court in Application U/S 482 No. 6217 of 2018 vide order dated 26.2.2018 but complying with the directions given by the Hon'ble Supreme Court in Asian Resurfacing of Road Agency Pvt. Ltd. and another vs. Central Bureau of Investigation,

(2018) 16 SCC 299 the Court concerned proceeded with the matter but at present no coercive process has been issued against the applicants. Applicants are father-in-law, mother-in-law and unmarried sister-in-law (Nand) of the victim. It is a case of matrimonial dispute. No specific date of any incident of causing cruelty and harassment to the victim has been mentioned in the F.I.R and only general allegations have been made. After completion of investigation, charge sheet has been submitted in the matter and the applicants have been cooperative in the investigation. No process under Sections 82 and 83 CrPC has been issued against the applicants and the applicants have not been declared absconder. In case applicants are granted anticipatory bail, they will not misuse the liberty of bail and would obey all conditions of bail.

¶4Learned A.G.A. opposed the prayer for anticipatory bail.

¶5I have considered the rival submissions made by the learned counsel for the parties.

¶6In this matter, from the perusal of the record it reveals that alleging cruelty caused to the victim of this case by her in-laws, F.I.R. was lodged and investigation started, which culminated into charge sheet. It also reveals that there is no injury report of the victim of the case. During investigation the applicants have been cooperative. Prima facie the matter relates to matrimonial dispute.

¶7In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, the Hon'ble Apex Court has settled the law on the subject finally by holding that the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial. It has been further held therein that anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till end of trial. It has been further held by the Hon'ble Apex Court that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, likelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion.

¶8Considering the settled principles of law regarding anticipatory bail, nature of accusation, role of applicants and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, in my view, it is a fit case for anticipatory bail to the applicants till the end of trial.

¶9The application is allowed accordingly.

¶10In the event of arrest of the applicants, they shall be released on anticipatory bail on their furnishing a personal bond of Rs.50,000/-with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:-

(i) The applicants shall make themselves available before the Court concerned on the date fixed in the matter and will cooperate in the trial.

(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 him/her from disclosing such facts to the Court or to any police office.

(iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. Concerned.

¶11In case of default of any of the conditions, the same may be a ground for cancellation of protection granted to the applicants. Order Date :- 17.10.2023 safi High Court of Judicature at Allahabad