Allahabad High Court
Smt. Kamlesh Devi And Another vs State Of U.P. And Another on 5 May, 2023
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 83 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2573 of 2023 Applicant :- Smt. Kamlesh Devi And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajendra Kumar Counsel for Opposite Party :- G.A.,Ravesh Kumar Singh Hon'ble Krishan Pahal,J.
1. Heard Sri Ajendra Kumar, learned counsel for the applicants and Sri Ravesh Kumar Singh, learned counsel for the informant as well as Sri Nitin Kesarwani, learned A.G.A. for the State and also perused the material available on record.
2. The present anticipatory bail application has been filed on behalf of the applicants in F.I.R./Case Crime No. 216 of 2022, under Section 304 of IPC, Police Station Jalesar, District Etah, with a prayer to enlarge them on anticipatory bail.
3. As per prosecution story, the named accused persons, Bani Singh @ Devendra Singh, Bhuri Singh @ Awadhesh, Manpal Singh along with three unknown persons are stated to have inflicted electric burns to the son of the informant on 10.06.2022 at about 08:00 AM thereby caused his death.
4. Learned counsel for the applicants has stated that they are maliciously being prosecuted in the present case due to ulterior motive and have apprehension of their arrest. They have nothing to do with the said offence as alleged by the prosecution. Learned counsel has further stated that the FIR is delayed by about 20 days and there is no explanation of the said delay caused. The applicant no.1 is the wife of applicant no.2 and both are not named in the FIR. Their names have come up later on in the statement of arrested co-accused person Bani Singh @ Devendra Singh which is not admissible as per the Indian Evidence Act.
5. 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. It is further submitted that the applicants have no criminal history. In case, the anticipatory bail application of the applicants is allowed, they will not misuse the liberty and shall cooperate with trial.
6. On the other hand, learned A.G.A. has vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicants and also the fact that the applicants have no criminal history.
7. Considering the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98", the applicants are entitled to be granted anticipatory bail in this case.
8. Without expressing any opinion upon ultimate merits of the case either ways which may adversely affect the trial of the case, the anticipatory bail application of the applicants is allowed.
9. In the event of arrest of the applicants, Smt. Kamlesh Devi and Natthu Singh @ Natthuram involved in the aforesaid case crime number, shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:-
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 him 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 previous permission of the court;
iv. that 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 are exempted;
10. In case of breach of any of the above conditions, the court below shall have the liberty to cancel the bail granted to the applicants.
11. It is made clear that observations made in granting anticipatory bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
(Justice Krishan Pahal) Order Date :- 5.5.2023 Siddhant