Allahabad High Court

Neeraj Verma And Others (Second ... vs State Of U.P. Thru Prin.Secy. Home ... on 3 August, 2022

Author:
Krishan Pahal

Bench:
Krishan Pahal

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. - 16

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 293 of 2022

Applicant :- Neeraj Verma And Others (Second Anticipatory Bail)

Opposite Party :- State Of U.P. Thru Prin.Secy. Home Lucknow And Anr.

Counsel for Applicant :- Ajeet Kumar

Counsel for Opposite Party :- G.A.,Himanshu Suryavanshi

Hon'ble Krishan Pahal,J.

Heard Sri Ajeet Kumar, learned counsel for the applicants and Sri Vijay Srivastava, learned A.G.A. for the State as well as perused the record.

The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 0321 of 2021, under
Sections 304B
,
,
,
498-A
IPC and
Sections 3
/
of Dowry Prohibition Act, Police Station Masauli, District Barabanki, with a prayer to enlarge them on anticipatory bail.

At the very outset, learned counsel for the applicant has stated that the applicants are the brother-in-law of the deceased and the police after investigation has filed closure report against the applicant nos.1 and 2, therefore, the present application has become infructuous qua the applicant nos.1 and 2. He has further stated that the charge-sheet has been filed only against the applicant no.3 Ashish Kumar Verma and he is now pressing this application only for applicant no.3.

Learned counsel for the applicant has stated that the applicant no.3 being the brother-in-law (Jeth) of the deceased, has been falsely implicated in the present case. It is further submitted that the applicant has cooperated in the investigation and he has not misused the liberty granted by the Court. He has no criminal history. In case, the anticipatory bail application of the applicant is allowed, he will not misuse the liberty and shall cooperate with trial.

Per contra, Sri Vijay Srivastava, learned A.G.A. has opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicant no.3.

The bail application of applicant nos. 1 and 2 is dismissed as infructuous.

On due consideration to the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in the case of "
Sushila Aggarwal Vs. State (NCT of Delhi
)-2020 SCC online SC 98", the applicant no.3 Ashish Kumar Verma is entitled to be granted anticipatory bail in this case.

In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest, let the accused-applicant no.3- Ashish Kumar Verma be released forthwith in the aforesaid case crime (supra) on bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:-

1. that the applicant no.3 shall make himself available for interrogation by a police officer as and when required;

2. that the applicant no.3 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;

3. that the applicant no.3 shall not leave India without previous permission of the court;

4. that the applicant no.3 shall not tamper with the evidence during the trial;

5. that the applicant no.3 shall not pressurize/ intimidate the prosecution witness;

6. that the applicant no.3 shall appear before the trial court on each date fixed unless personal presence is exempted;

In case of breach of any of the above conditions, the court below shall have the liberty to cancel the bail granted to the applicant no.3.

It is made clear that observations made in granting anticipatory bail to the applicant no.3 shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

Order Date :- 3.8.2022

Siddhant