Ashish Singh and Another v. State of U.P

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10742 of 2023 Applicant :- Ashish Singh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Dubey Counsel for Opposite Party :- G.A.,Ajay Kumar Shukla,Dileep Kumar Pandey Hon'ble Nalin Kumar Srivastava,J.

¶1Short counter affidavit filed on behalf informant in the Court today is taken on record.

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

¶3This application for anticipatory bail has been filed by applicants - Ashish Singh and Anupam Singh in connection with Case Crime No. 414 of 2020, under Sections 419, 420, 465, 467, 468 and 471 I.P.C., P.S. George Town, district-Prayagraj.

¶4It was alleged that an unregistered agreement to sell was procured by the named accused persons, including present applicants through impersonation in place of informant, whereas the registered agreement to sell regarding same property has already been executed before Sub-Registrar by the informant. The first information report was lodged on 23.8.2020 and after investigation chargesheet has been submitted in this matter.

¶5It is submitted by the learned counsel for the applicants that the applicants are innocent and they have apprehension of their arrest in the above-mentioned case, whereas there is no credible evidence against them. They have been falsely implicated into this matter. Allegations leveled against the applicant are false. The investigation of the case has been completed and charge-sheet has been filed and cognizance has been taken into the matter. He next submits that the contents of the FIR are totally false and fabricated and as a matter of fact, no agreement to sell was procured by the applicants in the name of the informant and there is also no such agreement to sell is on record. He also submits that in pursuance of the aforesaid alleged agreement to sell the present applicants never took any further action nor any notice was given by them to the informant to execute the sale deed on the basis of the aforesaid agreement to sell. He further submits that the applicants have not gained any wrongful profit. It is further submitted that the applicants have been cooperative during the course of investigation. It is lastly submitted that the matter relates to civil dispute and an attempt has been made to give it a colour of criminal case. The applicants have properly explained the criminal history. In case the applicants are granted anticipatory bail, they shall not misuse the liberty of bail and would obey all conditions of bail.

¶4On the other hand, learned counsel for the informant as well as A.G.A. have vehemently opposed the prayer for anticipatory bail and submitted that before the Assessment Superintendent the applicants have moved an application for mutation of their names in the revenue record, which was refused by the concerned authority. He further submits that an original civil suit was also filed on the basis of the alleged agreement to sell by the mother of the present applicants. It is also submitted that a huge monitory loss has been caused to the informant of this case and an attempt has been made to grab her property, which is very valuable and and in view of the above, the applicants are not entitled for anticipatory bail.

¶5Prima-facie, custodial interrogation of the applicants prima-facie does not appear to be required.

¶6Although charge-sheet has been submitted in the present matter, but in 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.

¶7Hence, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicants 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 applicants till end of the trial in the matter.

¶6The anticipatory bail application is allowed.

¶7In the event of arrest of the applicants in the aforesaid case crime, they shall be released on anticipatory bail till end of the trial 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;

(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 officer;

(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.

¶8In case of default of any of the conditions, same may be a ground for cancellation of protection granted to the applicants. Order Date :- 30.10.2023 Faridul High Court of Judicature at Allahabad