Sukhpal and Another v. State of U.P

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7013 of 2023 Applicant :- Sukhpal And Another Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.

¶1Supplementary affidavit filed today is taken on record.

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

¶3This application for anticipatory bail has been filed by applicants-Sukhpal & Mukesh in connection with Case Crime No. 1029 of 2022, under sections 420, 406, 506, 504 IPC, Police Station Baghpat, District Baghpat.

¶4It is alleged in the F.I.R. that negotiation took place between the informant and applicant no.1 for the sale of some land and an agreement was also written down Rs.6,55,000/- were paid through RTGS and cash before the witness applicant no.2, who is the son of applicant no.1 by the informant but before the date fixed for execution of sale deed, applicants executed another agreement to sale on 23.03.2022 in favour of a third person and in this way, fraud was committed by the applicants and for this cheating, F.I.R. was lodged on 02.11.2022 which has been culminated into charge sheet now.

¶5It 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. After investigation charge sheet has been submitted in the matter. In case applicants are granted anticipatory bail, they shall not misuse the liberty of bail and would obey all conditions of bail.

¶6It is further submitted that the applicants have been cooperative with the I.O. of the case during the course of investigation and he has no criminal history to his credit. It is further submitted that they have been granted interim anticipatory bail by this Court vide order dated 05.07.2023 and the said liberty has not been misused by the applicants.

¶7Learned A.G.A. has opposed the prayer for anticipatory bail.

¶8In the present case, after submission of charge sheet, now no custodial interrogation is required for the present accused applicants. It also appears that the offence is punishable with the imprisonment for a maximum period of seven years.

¶9Although 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 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.

¶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.

¶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 :- 12.12.2023 Shivangi High Court of Judicature at Allahabad