Babloo @ Ghanshyam v. State of U.P

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11339 of 2023 Applicant :- Babloo @ Ghanshyam Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Goyal Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.

¶1Supplementary affidavit filed today annexing the copy of the charge-sheet is taken on record.

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

¶3Apprehending his arrest, the present anticipatory bail application has been filed on behalf of the applicant - Babloo @ Ghanshyam in Case Crime No.44 of 2020, under Sections 498-A, 323, 504, 506 I.P.C., Section 3/4 Dowry Prohibition Act and Section 66 of Information Technology Act, Police Station Mahila Thana, District Agra, with a prayer to enlarge him on anticipatory bail.

¶4In a matrimonial dispute case wherein the victim / wife of the applicant was continuously subjected to harassment and cruelty for want of Rs.2 lakh as additional dowry and also with an allegation of rape against co-accused Mohar Singh, the father-in-law of the victim and for the commission of unnatural sex with the victim by the present applicant, F.I.R. was lodged on 5.12.2020 and 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 general allegations have been levelled in the F.I.R. regarding cruelty and harassment allegedly caused to the victim of the case. Only on account of being the husband of the victim, the applicant has been falsely implicated in this case. It is also submitted that a protection was granted to the applicant during the course of investigation, which was never misused by him. It is also submitted that an Application u/s 482 Cr.P.C. No. - 17580 of 2023 was moved before this Court by all the accused persons, but however no relief was granted to the applicant by this Court vide order dated 11.5.2023. It is also submitted that the applicant has been cooperative during investigation and now after submission of charge-sheet, no custodial interrogation is required in this matter from the applicant and as such, he is entitled for anticipatory bail.

¶6Per contra, learned A.G.A. opposed the prayer for anticipatory bail and drew the attention of the Court to the statement of the victim herself given to the I.O. of the case, but however he could not dispute the factual aspect of the matter that there is no injury report of the victim on record.

¶7In 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.

¶8Hence, 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.

¶9The anticipatory bail application is allowed.

¶10In 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.

¶11In case of default of any of the conditions, same may be a ground for cancellation of protection granted to the applicant. Order Date :- 26.10.2023 ss High Court of Judicature at Allahabad