Allahabad High Court
Aditya Singh Chauhan vs State Of U.P. And 3 Others on 2 December, 2019
Equivalent citations: AIRONLINE 2019 ALL 2717
Author: Karuna Nand Bajpayee
Bench: Karuna Nand Bajpayee
HIGH COURT OF JUDICATURE AT ALLAHABAD ?A.F.R. Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53322 of 2019 Applicant :- Aditya Singh Chauhan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shiv Om Vikram Singh Chauhan,Ram Om Vikram Singh Chauhan Counsel for Opposite Party :- G.A. Hon'ble Karuna Nand Bajpayee,J.
Heard learned counsel for the applicant, learned A.G.A. appearing for the State and perused the record.
Submission of learned counsel for the applicant is that the allegations as have been made are actually highly exaggerated, distorted and false version of the actual occurrence. The fact was that the marriage of the applicant got settled with the alleged victim and they developed relationship also with mutual consent. Later on as the misfortune of both the people would have it, when the "Muhurt" of marriage was sought it was found that the Horoscopes of the prospective couple did not match. Submission is that the objections in the matching was of major kind and as the applicant and his family members believed in the science of Astrology, they had no reason to disbelieve it. Several Astrologers were consulted and it was confirmed that the applicant is a 'Manglik' while the victim is a 'Non-Manglik'. Submission is that as it was an old established customary faith of the Hindus that if a Manglik person gets his marriage solemnised with Non Mangalik person, one of the spouses has to die and cannot survive. As this kind of objection raised by the Astrologers was fraught with such ominous portent, the family of the applicant being conservative people having a tenacious belief in the matching of the Horoscopes and Science of Astrology, there was no other option left for them than to tender apology and back out. Submission is that as the parents of the victim did not believe in Astrology they insisted that the marriage must take place. It is this background which has actually resulted in the bitterness of the two family members and has eventually resulted in the lodging of the F.I.R. with highly bloated allegations while the facts is that all what happened was neither against the will of the victim nor without her consent. Submission is that at any rate in this background of the case material collected by the investigation so far is not credible or adequate enough to substantiate the indictment made against the applicant and the matter deserves further probe in order to ascertain the actual truth of the allegation.
It has also been submitted by the learned counsel for the applicant that the applicant has no serious criminal history and he has not undergone any imprisonment after conviction by any court in respect of any cognizable offence previously. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and he undertakes to make himself available to the police authorities or the court whenever required, and shall not flee from justice. The applicant is also ready to accept all the conditions which the Court may deem fit to impose upon him. Learned counsel has also tried to submit that the accusation against the applicant has been made with the object of besmirching his reputation and belittle him in the public estimate. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at some length. It has been submitted that the applicant has reason to believe that he may be arrested on the basis of accusation that has been made against him for having committed the alleged offence, therefore, in the event of such arrest he may be released on bail.
Learned counsel for the applicant has also tried to canvass before the Court that there has been a consensus of judicial opinion on the point that the provisions under Section 438 Cr.P.C. intend to extend a protective arm in support of implicated accused saving him from unnecessary incarceration and minimize the period of detention as much as it is practically possible to do in matters where the Court prima facie feels satisfied that the indicted accused deserves the relief contemplated by law as has been enacted by the legislature in this regard. Contention is that, therefore, the provision ought to be exercised liberally and be given full play, lest the same may fail to meet out its objective and the accused should not be called upon to establish a "special case" in order to get the benefit of this provision which is well in keeping with the spirit of Article 21 of the Constitution of India.
Learned A.G.A. has opposed the prayer for bail.
After considering the record of the case as is available before the Court in the light of rival submissions made at the Bar and keeping in perspective the nature and gravity of the accusation, antecedents of the applicant, his undertaking to make himself available to the authorities whenever required, and the overall facts and circumstances of the case, this Court feels satisfied that it would be expedient to grant an interim order of anticipatory bail in favour of the applicant at this stage.
Without expressing any opinion upon ultimate merits of the case, this Court directs that in the event of arrest, the accused-applicant- Aditya Singh Chauhan, involved in Case Crime No. 0060 of 2019, under Sections 323, 504, 506, 328, 354GA, 376, 494, 498A, 120B I.P.C. and 3/4 D.P. Act, Police Station Sadar Bazar, District Jhansi, shall be released on bail on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Arresting Officer.
In order to ensure that the interim bail is not subjected to any misuse and in order to ensure that the statutory powers of investigation and its scope may not get impaired, it is being observed and directed that the accused-applicant shall not in any manner indulge in any activities or attempts which may adversely influence or impair the fair investigation of the case and he will make himself available to the police authorities or the Court, as the case may be, whenever required for the purpose of investigation or inquiry. The accused shall also not leave India without the permission of the Court during the subsistence of this order.
The papers regarding bail submitted to the police officer on behalf of the accused/applicant shall form part of the case diary and would be submitted to the court concerned along with same at the time of submission of report under Section 173(2) Cr.P.C.
The application for grant of anticipatory bail shall be finally heard under Section 438(5) Cr.P.C. for passing the order thereupon on 24.1.2020.
Learned A.G.A has accepted notice on behalf of the State who may obtain instructions or, if desired, may file counter affidavit within two weeks positively. Rejoinder affidavit, if any, may be filed within a week thereafter. A.G.A. may obtain copy of this order if required, and make necessary communication with S.P./S.S.P. concerned in this regard.
Order Date :- 2.12.2019 Naresh