Nand Lal and 3 Others v. State of U.P. and 3 Others

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10796 of 2023 Applicant :- Nand Lal And 3 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Deepak Kumar,Deena Nath,Himanshu Yadav Counsel for Opposite Party :- G.A.,Manoj Kumar Hon'ble Nalin Kumar Srivastava,J.

¶1Notice upon the informant has been personally served.

¶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 - Nand Lal, Usha Devi, Jitendra Kumar and Anil Kumar in connection with Case Crime No.183 of 2022, under Sections 147, 323, 504, 506, 452, 354-B IPC and Section 7/8 POCSO Act, Police Station Raja Talab, District Varanasi.

¶4With the specific allegation of sexual assault and to outrage the modesty of minor daughter of the informant after entering into her house, an F.I.R. was lodged on 19.9.2022 against six named and one unknown accused persons and investigation started, which has been culminated into the charge-sheet.

¶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 levelled 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. It is further submitted that all the family members of the applicants have been falsely roped in this case. The prosecution story is not probable or natural. Looking into the factual scenario of the present case where it has been alleged that the present applicant in the presence of his two sons and wife made sexual assault upon the minor daughter of the informant and his both sons also committed the same offence in the presence of their parents. The prosecution story appears to be unnatural. It is further submitted that due to the land dispute between both the families, F.I.R. was lodged on the basis of false and fabricated facts. It is also submitted that the medical evidence does not corroborate the prosecution version. It is further submitted that notice under section 41-A Cr.P.C. was also served upon the applicants, which was not misused by them. The applicants have been cooperative throughout the investigation. It is further submitted that no custodial interrogation is required in this matter from the applicant as the offences alleged against the applicant are punishable with the imprisonment for a maximum period of seven years. It is further submitted that the applicants have no criminal history to their credit. In case the applicants are granted anticipatory bail, they shall not misuse the liberty of bail and would obey all conditions of bail.

¶6On the other hand, learned A.G.A. opposed the prayer for anticipatory bail, but he could not dispute this factual aspect that during investigation, the applicant was given notice u/s 41-A Cr.P.C. and the said liberty has not been misused by the applicants and that the statements of the victim u/s 161 & 164 Cr.P.C. fully support the prosecution version.

¶7Although 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.

¶8Hence, 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.

¶9The anticipatory bail application is allowed.

¶10In 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.

¶11In case of default of any of the conditions, same may be a ground for cancellation of protection granted to the applicants. Order Date :- 22.11.2023 ss High Court of Judicature at Allahabad