Allahabad High Court
Govind Ram And 3 Others vs State Of U.P. on 20 July, 2023
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:144810 Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7211 of 2023 Applicant :- Govind Ram And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Keshari Nath Tripathi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Keshari Nath Tripathi, learned counsel for the applicants and Sri R.P. Patel, learned A.G.A. for the State as well as perused the record.
3. The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No.292 of 2010, registered under Sections 363, 366, 376 IPC at Police Station- Mundha Pandey, District Moradabad with a prayer to enlarge them on anticipatory bail.
4. As per prosecution story, the applicants are stated to have enticed away the minor daughter of the informant on 16.5.2010 at about 12:00 p.m.
5. Learned counsel for the applicants has stated that the FIR is delayed by about three days and there is no explanation of the said delay caused. Learned counsel has stated that the victim is a consenting party as is evident from her statement recorded under Section 164 Cr.P.C., whereby she has stated that she had married the applicant no.4, Charan Singh out of her own sweet-will and the said FIR has been instituted by her father on false allegations. The applicants have no criminal history to their credit. Learned counsel has stated that the petition under Section 482 Cr.P.C. filed by the applicants is still pending. The applicants were granted interim protection in the said petition but in the light of judgment of the Apex Court in Asian Resurfacing of Road Agency Private Limited and Another vs. Central Bureau of Investigation, (2018) 16 SCC 299 the said stay order stood vacated. Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegations made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon at length. The applicants have apprehension of their arrest. Learned counsel for the applicants undertakes that they have co-operated in the investigation and are ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
6. Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicants.
7. On due consideration to the arguments advanced by learned counsel for the applicants as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicants, the applicants are liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1". The future contingencies regarding the anticipatory bail being granted to applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.
8. In view of the above, the anticipatory bail application of the applicants is allowed. Let the accused-applicants- Govind Ram, Chandrawati, Kalyan Singh and Charan Singh be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i). that the applicants shall make themselves available for interrogation by a police officer as and when required;
(ii). that 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 them from disclosing such facts to the court or to any police officer or tamper with the evidence;
(iii). that the applicants shall not leave India without the previous permission of the court;
(iv). that in case charge-sheet is submitted the applicants shall not tamper with the evidence during the trial;
(v). that the applicants shall not pressurize/ intimidate the prosecution witness;
(vi). that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted;
(vii). that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
9. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.
[Krishan Pahal, J.] Order Date :- 20.7.2023/ Vikas