Allahabad High Court

Sanjay Kumar Singh vs State Of U.P. Thru. Prin. Secy. Lko. And ... on 6 September, 2024

Author:
Karunesh Singh Pawar

Bench:
Karunesh Singh Pawar

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Neutral Citation No. - 2024:AHC-LKO:61702

Court No. - 14

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1831 of 2024

Applicant :- Sanjay Kumar Singh

Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko. And Another

Counsel for Applicant :- Anand Dubey,Atul Kumar Singh,Laxmi Kant Ojha

Counsel for Opposite Party :- G.A.

Hon'ble Karunesh Singh Pawar,J.

The present application under
Section 438
Cr.P.C. has been filed seeking anticipatory bail apprehending arrest in FIR/ Case Crime No.10/2024, under
Sections 323
/
/
/
498A
/
/
IPC and
Section 3
/
of D.P. Act, P.S. Maharua, District Ambedkar Nagar.

Heard learned counsel for the applicant and learned A.G.A. for the State.

This Court while granting interim protection vide order dated 13.08.2024 has passed the following order:-

"The present bail application under
Section 438
Cr.PC. has been filed seeking anticipatory bail in case crime No. 10/2024, under
Sections 323
/
/
/
498A
/
/
IPC and
Section 3
/
of D.P. Act, P.S. Maharua, District Ambedkar Nagar.

Heard learned counsel for the applicant and learned A.G.A. for the State.

Learned counsel for the applicant submits that the applicant is matrimonial uncle of the husband of respondent no. 2. The dispute between the husband and wife is purely matrimonial in nature. The investigating officer without appreciating the fact that mediation proceedings are going on in this Court has hurriedly filed charge sheet. There is contradiction in the statement of the victim under
Section 161
and
Cr.P.C. The victim has refused to undergo for the medical examination. The allegation of non-consensual miscarriage against the accused persons to attract the offence under
Section 313
IPC has been found false by the investigating officer and i.e. why charge sheet has not been filed under
Section 313
IPC. The ingredients of attract offence under
Section 406
IPC are also missing. There is no corrborative evidence to support the prosecution case.

It has been further submitted that the applicant has been falsely implicated. He has no criminal antecedents. During investigation, he was not arrested. Charge sheet in the matter has been filed. He has cooperated in the investigation and further undertakes to cooperate in the trial.

Issue notice to respondent No. 2.

Learned Addl. Government Advocate prays for and is allowed ten days' time to file counter affidavit.

List on 06.09.2024.

On due consideration to the fact that prima facie the dispute appears to be matrimonial in nature, so also the fact that the applicant is not a previous convict and having no criminal history and also considering the judgment in
Sushila Aggarwal and others versus State (NCT of Delhi) and another
(2020)5 SCC 1 and without entering into the merit of the case, as an interim measure, it would be appropriate to grant interim protection to the applicant under
Section 438
Cr.P.C.

Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned with the following conditions:-

(1) The applicant shall cooperate in the trial and he will not influence the witnesses.

(2) The accused-applicant will remain present on each and every date fixed by the trial court.

(3) The applicant shall not leave India without previous permission of the Court."

Learned counsel for the applicant submits that charge-sheet in the matter has been filed. Applicant has co-operated in the investigation and further undertakes to cooperate in the trial. He also submits that applicant is maternal uncle of the husband o the victim.

Learned A.G.A. has vehemently opposed the bail application.

On due consideration to the submissions advanced, perusal of the record so also the fact that charge-sheet in the matter has been filed, applicant has cooperated in the investigation and he shall cooperate in the trial, there is no corroborative evidence for the offences alleged, appicant is not a previous convict, prima facie dispute appears to be matrimonial in nature the interim protection granted by this Court vide order dated 13.08.2024 is made absolute in view of dictum of Apex Court in re:
Sushila Aggarwal Vs. State (NCT of Delhi
)-2020 SCC online SC 98.

In view of the above, since, charge-sheet in the matter has been filed, the accused applicant-Sanjay Kumar Singh is directed to surrender before trial court, if he is summoned to face trial for offence in question. The accused applicant shall be released on bail by the trial court on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial 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 tamper with the evidence;

(ii) The applicant shall not leave India without the previous permission of the court;

(iii)The applicant shall not pressurize/ intimidate the prosecution witness;

(iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

(v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;

Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.

It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.

In view of the aforesaid, the application is allowed.

Order Date :- 6.9.2024

Saurabh Yadav/-