Dhara Singh v. State of U.P. .And Another

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9285 of 2023 Applicant :- Dhara Singh Opposite Party :- State Of U.P. .And Another Counsel for Applicant :- Gaurav Singh Chauhan,Anoop Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Gaurav Singh Chauhan, learned counsel for the applicant, Sri Anit Kumar Shukla, learned Additional Government Advocate for the State and perused the records.

¶3The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.234 of 2022, registered under Sections 498-A, 306 and 201 IPC at Police Station-Chharra, District Aligarh with a prayer to enlarge him on anticipatory bail.

¶4Learned counsel for the applicant has submitted that the co-accused person Dariya @ Dariyav Singh has already been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 1.5.2023 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.1597 of 2023. Therefore, the present applicant is also entitled for anticipatory bail on the ground of parity. Learned counsel for the applicant undertakes that he will cooperate in the investigation failing which the State can move appropriate application for cancellation of the anticipatory bail.

¶5The prayer for anticipatory bail has been vehemently opposed by the learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.

¶6Considering the submissions made by learned counsel for the parties, this Court is of the view that the applicant has made out a case for grant of anticipatory bail on the ground of parity.

¶7Accordingly, the anticipatory bail application is allowed with following directions:-

(A) In the event of arrest of the applicant-Dhara Singh involved in aforesaid case shall be released on anticipatory bail till the submission of police report, if any, under section 173(2) Cr.P.C. before the competent Court on his/her furnishing a personal bond of Rs.50,000/- with two sureties each of the like amount to the satisfaction of the Station House Officer of the police station concerned;

(B) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation;

(C) 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 her from disclosing such facts to the Court or to any police officer; and

(D) The applicant shall not leave India without the previous permission of the Court.

¶8In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. Order Date :- 18.10.2023 Ravi Kant (Krishan Pahal, J.) High Court of Judicature at Allahabad