Allahabad High Court

Bhagwan Sahay vs State Of U.P And 2 Others on 22 August, 2022

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. - 80

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1816 of 2022

Applicant :- Bhagwan Sahay

Opposite Party :- State Of U.P And 2 Others

Counsel for Applicant :- Vijay Shantam

Counsel for Opposite Party :- G.A.,Mukesh Kumar Upadhyay

Hon'ble Om Prakash Tripathi,J.

Heard learned counsel for applicant, learned counsel for informant, learned A.G.A. for State and perused the material on record.

This second anticipatory bail under
Section 438
Cr.P.C. has been filed seeking anticipatory bail in Case Crime No. 576/2020 under added
Section 304B
I.P.C., Police Station- Banna Devi, District- Aligarh.

Learned counsel for applicant submitted that applicant has already been granted anticipatory bail by co-ordinate Bench in Criminal Misc. Anticipatory Bail Application U/S
Cr.P.C
. 438 No. 8509/2020 (
Bhagwan Sahay Vs. State of U.P
and two others) under
Sections 498-A
,
,
304A
I.P.C. and
Section 3
/
Dowry Prohibition Act, P.S.- Banna Devi, District- Aligarh vide order dated 02.12.2020. During the course of investigation,
Section 304A
I.P.C. is converted into under
Section 304B
I.P.C. by Investigating Officer. It is also submitted that deceased died at her parental home and death was natural. Co-accused of this case has been granted anticipatory bail by co-ordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application No. 554/2022 vide order dated 07.02.2022 under added
Section 304B
I.P.C..

Learned counsel for informant and learned A.G.A. have opposed the anticipatory bail and submitted that case under
Domestic Violence Act
has also been instituted against the applicant-husband. No treatment was arranged by the applicant and deceased was left her parental home for treatment. There is no postmortem report of the deceased.

Earlier anticipatory bail was granted to the applicant considering all the facts and circumstances of this particular case, thus, there is justifiable ground to enlarge the applicant on anticipatory bail under
Section 304B
I.P.C. also.

Without entering into merits of the issue; considering the fact that the present applicant after getting protection from this Court cooperated with the investigation; charge sheet has been filed; allegations of the FIR; other material available on record and the undertaking of the applicant to the effect that he shall cooperate with the trial proceedings, I find it appropriate that liberty of the present applicant may be protected till conclusion of the trial as law
laid down by
the Hon'ble Supreme Court in the case of
Sushila Aggarwal Vs. State (NCT of Delhi
)- 2020 SCC Online SC 98 and order dated 22.05.2020 passed by this Court in Criminal Misc. Anticipatory Bail Application No. 2609/2020.

In the event of arrest the applicant Bhagwan Sahay shall be released on anticipatory bail in terms of earlier order dated 02.12.2020 passed in Criminal Misc. Anticipatory Bail Application U/S Cr.P.C. 438 No. 8509/2020

Accordingly, this anticipatory application is disposed of.

Order Date :- 22.8.2022

Sharad/-