Allahabad High Court
Ajay Singh And Another vs State Of U.P. on 24 July, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:147101 Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2797 of 2023 Applicant :- Ajay Singh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Tripathi,Anupama Tripathi Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. Heard learned counsel for the applicants, learned AGA and perused the material available on record.
2. This application for anticipatory bail has been filed by applicants- Ajay Singh & Charan Singh in connection with Case Crime No. 420 of 2022, under sections 420, 427, 504, 323, 506 IPC, P.S. Managalpur, District Kanpur Dehat.
3. It is alleged in the F.I.R. that on 28.12.2011, the applicant no.1 executed a sale deed in respect of a plot in favour of the informant and possession thereof was handed over to the informant. Subsequently, in 2018, the adjacent plot was sold by the applicant no.2, the real brother of the applicant no.1 in favour of the informant and possession thereof was handed over. Subsequently, the informant came to know that in the aforesaid two sale deeds, the number of plot was fraudulently mentioned as 105 whereas the sale deed was executed in respect of Plot No.176. F.I.R. was lodged on 18.11.2022 and now after investigation, charge sheet has been submitted into the matter.
4. It has been argued 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.
5. It is further submitted that sale of Plot No.105 was agreed upon between the parties and accordingly, the said plot was sold by both the applicants by way of different sale deeds in favour of the informant and possession thereof was also handed over. It is also submitted that the first sale deed was executed in the year 2011 and it is not natural that the informant got the knowledge about the wrong plot number after 11 years. It is further submitted that no forgery has been committed by the applicant and after taking due consideration, the said plot was sold. It is next submitted that accused applicants are cooperating with the investigation of the case and now after submission of the charge sheet, no custodial interrogation is required. It is further submitted that no punitive process has been issued against the applicants so far. It is next submitted that criminal history of the accused applicants has been explained by way of supplementary affidavit.
6. Learned A.G.A. has opposed the prayer for anticipatory bail. However, he could not dispute the factual aspect of the matter that the possession of the said plot has already been handed over to the informant.
7. In the present case, the offence is punishable with the imprisonment for a maximum period of seven years. Applicants are cooperating with the investigation of the case. No custodial interrogation is required and criminal history of accused applicants has been explained by way of supplementary affidavit.
8. 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.
9. Hence, 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.
10. The anticipatory bail application is allowed.
11. In 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.
12. In 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 :- 24.7.2023 Shivangi