Kastur Chand Jain v. State of U.P. and Another

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8256 of 2023 Applicant :- Kastur Chand Jain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A.,Vivek Sharma Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Santosh Kumar Singh, learned counsel for the applicant, Sri Vivek Sharma, learned counsel for the informant and Sri Sunil Kumar, learned A.G.A. for the State as well as perused the record.

¶3The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.385 of 2019 registered under Section 306 IPC at Police Station-Amroha Nagar, District Amroha with a prayer to enlarge him on anticipatory bail.

¶4Learned counsel for the applicant has claimed parity with the co-accused person Vishal Jain who has already been granted anticipatory bail by this Court vide order dated 3.8.2023 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.7892 of 2023. Therefore, the present applicant is also entitled for anticipatory bail on the ground of parity. There are no criminal antecedents of the applicant. Learned counsel for the applicant undertakes that he will cooperate in the trial failing which the State can move appropriate application for cancellation of the anticipatory bail.

¶5The prayer for anticipatory bail has been vehemently opposed by learned counsel for the informant and learned A.G.A. on the ground that there are specific allegations against the applicant regarding him having abetted the deceased to commit suicide as it was stated by the applicant that as he had got a government job, as such he shall not be accorded his share in the house of the applicant. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.

¶6Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that the said statement does not fall within the category of Section 306 Cr.P.C., pending trial and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgement passed by the Apex Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for anticipatory bail. The anticipatory bail application is allowed on the ground of parity.

¶7In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant-Kastur Chand Jain 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 applicant shall make himself available for interrogation by a police officer as and when required;

(ii). that 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 from disclosing such facts to the court or to any police officer or tamper with the evidence;

(iii). that the applicant shall not leave India without the previous permission of the court;

(iv). that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;

(v). that the applicant shall not pressurize/ intimidate the prosecution witness;

(vi). that the applicant 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 concerned shall have the liberty to cancel the bail.

¶8It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial. Order Date :- 26.10.2023 Ravi Kant (Krishan Pahal, J.) High Court of Judicature at Allahabad