Brijesh Jaiswal v. State of U.P. and Another

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12222 of 2023 Applicant :- Brijesh Jaiswal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Kumar Dohare,Birendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Dharmendra Kumar Dohare, learned counsel for the applicant and Sri S.P. Pandey, 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.216 of 2022, registered under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act at Police Station-Gyanpur, District Bhadohi with a prayer to enlarge him on anticipatory bail.

¶4As per prosecution story, the marriage of the informant was solemnized with the applicant as per Hindu Rites on 09.03.2018 and the applicant and other family members are stated to have demanded a dowry of Rs.7 lakhs and subjected her to cruelty for the said demand. The applicant and other family members are stated to have assaulted her on 07.11.2022, thereby causing injuries to her.

¶5Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by about three days and there is no explanation of the said delay caused. The injury report was also prepared on

10.11.2022 at 3:30 p.m., which also indicates the injuries to be simple in nature. Learned counsel has further stated that the present case is clear misuse of dowry laws. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There are no criminal antecedents of the applicant. The applicant has apprehension of his arrest. Learned counsel for the applicant undertakes that he has co-operated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.

¶6Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicant.

¶7On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1". The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.

¶8In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant-Brijesh Jaiswal be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal 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.

¶9It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial. Order Date :- 07.11.2023 Ravi Kant (Krishan Pahal, J.) High Court of Judicature at Allahabad