Avadhesh and 3 Others v. State of U.P. and Another

Court No. - 71 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12125 of 2023 Applicant :- Avadhesh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ganesh Shankar Patel Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J.

¶1Heard Sri Ganesh Shankar Patel, learned counsel for the applicants and learned Additional Government Advocate for the State.

¶2This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Session Case No.122 of 2021 arising out of Complaint Case No.176 of 2019, under Section 395 I.P.C., P.S.- Bisauli, District-Budaunt.

¶3Learned counsel for the applicants submitted that it is a complaint and counterblast case. He submitted that earlier, Smt. Jaldhara wife of the applicant no.4 has filed a complaint against the opposite party no.2 and after being summoned by the court below, opposite party no.2 became annoyed and filed a false complaint against the applicants. He further submitted that both the parties came into compromise on

16.5.2023 where the parties are ready to settle their dispute on the basis of compromise and opposite party no.2 is ready to withdraw the present case, copy of the compromise deed is annexed as Annexure No.6 to the affidavit. It is a no injury case. The applicants are having no previous criminal history as has been mentioned in paragraph 16 of the affidavit. Learned counsel for the applicants further submits that applicants have apprehension of imminent arrest and in case, applicants are released on anticipatory bail, they will not misuse the liberty and would co-operate with the trial.

¶4Learned A.G.A. has opposed the prayer for anticipatory bail of the applicants. He has submitted that in view of the seriousness of the allegations made against the applicants, they are not entitled to grant of anticipatory bail. The apprehension of the applicants are not founded on any material on record. Only on the basis of imaginary fear, anticipatory bail cannot be granted.

¶5Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicants, they are directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.

¶6In the event of arrest, the applicants shall be released on anticipatory bail. Let the applicants-Avadhesh, Pappu, Guddu and Omkar, involved in the aforesaid case crime be released on anticipatory bail on furnishing a personal bond of Rs.50,000/-with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-

(i) The applicants 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.

(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 from disclosing such facts to the Court or to any police officer.

(iii) The applicants shall not leave the country during the currency of trial without prior permission from the concerned trial Court.

(iv) The applicants shall surrender their passport, if any, to the concerned Court forthwith. Their passport will remain in custody of the concerned Court.

(v) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicants.

(vi) In case, the applicants misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC

98.

(vii) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case,

(ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against them in accordance with law.

¶7In 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 applicants.

¶8With the aforesaid observations/ directions, the application stands allowed. Order Date :- 3.11.2023 Krishna* High Court of Judicature at Allahabad