Devendra Kumar And2 Others v. State of U.P

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12115 of 2023 Applicant :- Devendra Kumar And2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Ram Badan Maurya Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.

¶1Heard learned counsel for the applicants, learned AGA and perused the material available on record.

¶2This application for anticipatory bail has been filed by applicants-1.Devendra Kumar, 2. Suresh Chandra and 3. Vinod Kumar in connection with Case Crime No. 956 of 2014, under sections 420, 504, 506 IPC, P.S. Chhibramau, District-Kannauj.

¶3The main accused Om Prakash, Lekhpal, got a sale deed executed in favour of his son, Mohit Kumar, co-accused, without paying any consideration amount to the informant after making him in intoxicant condition. FIR was lodged and now the charge sheet has been submitted.

¶4It has been submitted by the learned counsel for the applicants that applicants are innocent and they have apprehension of arrest in the above-mentioned case, whereas there is no credible evidence against them. Allegations levelled against the applicants are false. Charge sheet in the matter has been submitted. It is further submitted that the impugned sale deed is a registered document and after receiving of due consideration amount the sale deed was executed by the informant in favour of the co-accused Mohit Kumar. It is further submitted that the present applicants are not the beneficiary in the alleged transaction and only a role of criminal conspiracy has been assigned to them. It is further submitted that in the statement of Sub-Registrar, it has been expressly stated that the consideration amount was paid to the informant at the time of execution of the sale deed. It is further submitted that this fact finds place in the sale deed itself. It is also submitted that civil suit is also pending between the parties and the applicant has been cooperative during investigation. The dispute relates to purely of civil nature and the applicants are entitled for anticipatory bail. The applicants have no criminal history to their credit. It is further submitted that co-accused Mohit Kumar has already been granted anticipatory bail by this Court in Cr. Misc. Anticipatory Bail Application U/S 438 CR.P.C. No. -9975 of 2023 by order dated 18.10.2023. In case applicants are granted anticipatory bail, they shall not misuse the liberty of bail and would obey all conditions of bail.

¶5Learned A.G.A. has opposed the prayer for anticipatory bail.

¶6In the present matter, prima facie it relates to civil nature, civil suit is already pending between the parties and after submission of the charge sheet no custodial interrogation is required.

¶7Although the charge sheet has been submitted in this 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.

¶8It 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.

¶9It 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, llikelihood 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.

¶10Hence, 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 conclusion of trial in the matter.

¶11The anticipatory bail application is allowed accordingly.

¶12In the event of arrest of the applicants in the aforesaid case crime, they shall be released on anticipatory bail 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 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 ii. The applicants shall not pressurize/ intimidate the prosecution witness. iii.The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected. iv.The applicants shall not leave India without prior permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. concerned.

¶13In case of breach of any of the above conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of anticipatory bail of the applicants in accordance with law. Order Date :- 21.11.2023 Fhd High Court of Judicature at Allahabad