Om Prakash v. State of U.P. and Another

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10199 of 2023 Applicant :- Om Prakash Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Malviya Counsel for Opposite Party :- G.A.,Tej Om Prakash Gupta Hon'ble Nalin Kumar Srivastava,J.

¶1Supplementary affidavit filed today is taken on record.

¶2Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the material available on record.

¶3Apprehending his arrest, the present anticipatory bail application has been filed on behalf of the applicant - Om Prakash in Case Crime No.246 of 2019, under Sections 420, 120-B, 323, 504 I.P.C., Police Station South, District Firozabad, with a prayer to enlarge him on anticipatory bail.

¶4By playing fraud with the parents of the informant, a forged registered will deed was obtained by the applicant in his favour allegedly executed by the mother of the informant wherein the father of the informant was an attesting witness. Applicant happens to be the cousin of the informant. F.I.R. was lodged on 2.6.2019 and after investigation now charge-sheet has been submitted into the matter.

¶5It is submitted by the learned counsel for the applicant that the applicant is innocent and he has apprehension of his arrest in the above-mentioned case, whereas there is no credible evidence against her. He has been falsely implicated into this matter. Allegations levelled against the applicant are false. The investigation of the case has been completed and charge-sheet has been filed. It is further submitted that since the informant of this case was not taking care of his parents and he was residing at Delhi and the present applicant was very caring for his uncle and aunt, the aunt of the applicant, who happens to be the mother of the informant, executed a registered will deed of the property in favour of the applicant on her own free will and in a proper state of mind and in the said will, the father of the informant, who happens to be the uncle of the applicant, appeared as an attesting witness. Now the uncle and aunt of the applicant are no more. It is further submitted that the present matter is purely of civil nature and a civil suit as O.S. No.551 of 2019 has been filed by the informant for the cancellation of said will deed, which is pending before the competent civil court, district Firozabad. It is further submitted that the applicant has been cooperative during the course of investigation. He has not been declared proclaimed offender by the trial court and now after filing of the charge-sheet, no custodial interrogation is required in this matter. Applicant has no criminal antecedents to his credit and as such he is entitled for anticipatory bail.

¶6Per contra, learned A.G.A. for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail and it has been vehemently submitted that by playing fraud and taking advantage of the old age and helplessness of the old parents of the informant, the alleged will deed has been obtained by the applicant.

¶7In the present matter, the dispute prima facie appears to be of purely civil nature and civil suit is already pending. Now charge-sheet has been submitted into the matter and no custodial interrogation appears to be required in the matter.

¶8In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, the Hon'ble Apex Court has settled the controversy finally by holding 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.

¶9Hence, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion of the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till end of the trial in the matter.

¶10The anticipatory bail application is allowed.

¶11In the event of arrest of the applicant in the aforesaid case crime, he shall be released on anticipatory bail till end of the trial on his 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 applicant shall make himself available before the court concerned on the date fixed in the matter;

(ii) 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 / her from disclosing such facts to the Court or to any police officer;

(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. Concerned.

¶12In case of default of any of the conditions, same may be a ground for cancellation of protection granted to the applicant. Order Date :- 13.10.2023 ss High Court of Judicature at Allahabad