Vishal Rai v. State of U.P. and Another

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7535 of 2023 Applicant :- Vishal Rai Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Dubey,Prashant Vardhan Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.

¶1Despite service of notice, none is present for complainant/opposite party no.2.

¶2Heard learned counsel for the applicant, learned AGA and perused the material available on record.

¶3This application for anticipatory bail has been filed by applicant-Vishal Rai in connection with Case Crime No. 8137 of 2016, under sections 498-A, 323, 406, 504 IPC & 3/4 Dowry Prohibition Act, P.S. Mahila Thana, District Basti.

¶4With the allegations of cruelty and harassment caused to the victim/informant for demand of additional dowry by her in-laws, an F.I.R. was lodged on 25.02.2023 and after investigation, a final report was submitted but when protest petition was filed by the informant, it was treated as a complaint case and the final report was rejected by the court concerned and in the complaint case, the applicant and other co-accused persons were summoned to face trial under Sections 498-A, 323, 406, 504 I.P.C. and 3/4 Dowry Prohibition Act by the court of C.J.M., Basti vide order dated

06.08.2018.

¶5It has been submitted by the learned counsel for the applicant that applicant is innocent and he has apprehension of arrest in the above-mentioned case, whereas there is no credible evidence against him. Allegations levelled against the applicant are false. Final report in the matter has been submitted. It is further submitted that it is a case of matrimonial dispute and the general allegations have been levelled against all the accused persons in the F.I.R. It is also submitted that the applicant is the brother-in-law (dewar) of the informant and her husband co-accused, Vikram Kumar Rai@ Vikram Rai has been granted anticipatory bail by this Court vide orders dated 11.07.2023 & 02.08.2023 in Criminal Misc. Anticipatory Bail Application No.7670 of 2023. It is also submitted that earlier an interim protection by way of interim anticipatory bail was granted by this Court vide order dated

06.07.2023 and the said liberty has not been misused by the present applicant. It is also submitted that the accused applicant has no criminal history to his credit and he has been cooperative with the I.O. of the case during the course of investigation and as such, he is entitled for anticipatory bail. In case applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail.

¶6Learned A.G.A. has opposed the prayer for anticipatory bail.

¶7In the present case, it appears to be a matrimonial dispute and the general allegations have been levelled against all the accused persons. The present applicant is the dewar of the complainant/victim and now no custodial interrogation is required.

¶8Although it is a complaint case, 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 controversy finally by holding 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, 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.

¶9Hence, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant 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 applicant till conclusion of trial in the matter.

¶10The anticipatory bail application is allowed.

¶11In the event of arrest of the applicant in the aforesaid case crime, he shall be released on anticipatory bail on his 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 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.

(ii) The applicant shall not pressurize/ intimidate the prosecution witness.

(iii) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

(iv) The applicant shall not leave India without prior permission of the Court and if they have passport, the same shall be deposited by him before the S.S.P./S.P. concerned.

¶12In 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 applicant in accordance with law. Order Date :- 2.12.2023 Shivangi High Court of Judicature at Allahabad