Allahabad High Court
Bablu @ Bablu Singh vs State Of U.P. And 3 Others on 1 December, 2022
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 78 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11288 of 2022 Applicant :- Bablu @ Bablu Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mukesh Joshi Counsel for Opposite Party :- G.A.,Anil Kumar,Mohit Singh Hon'ble Krishan Pahal,J.
Heard Sri Shikhar Neelkanth, learned Advocate holding brief for Sri Mukesh Joshi, learned counsel for the applicant, Sri Mohit Singh, learned counsel for the first informant and Sri Vibhav Anand Singh, learned A.G.A. for the State as well as perused the record.
The present application has been moved seeking anticipatory bail in Sessions Trial No. 206 of 2021, arising out of Case Crime no. 37 of 2020, under Sections 498-A, 304-B, 201 IPC and 3/4 Dowry Prohibition Act, Police Station-Bhagatpur, District-Moradabad, with the prayer to enlarge him on anticipatory bail.
Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. Admittedly, the applicant is the brother-in-law of the husband of the deceased person and he lives far away at Kashipur in Uttarakhand. Learned counsel has stated that similarly placed accused person Smt. Rekha Devi has already been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 22.10.2020 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 6675 of 2020. The case of the applicant is on a better footing than the co-accused person Smt. Rekha Devi. Learned counsel has further stated that the applicant has been summoned by invoking powers under Section 319 Cr.P.C.. The closure report was filed by the investigating officer with respect to the applicant. There is no criminal history of the applicant. It is further stated that applicant is co-operating in the investigation and is ready to cooperate in future also. There is no likelihood of the applicant repeating the said offence, if any. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length.
Learned A.G.A. has opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicant and the fact that applicant has no criminal history.
On due consideration to the arguments advanced by 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) 5 SCC 1", the applicant is entitled to be released on anticipatory bail in this case.
In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest, let the accused-applicant Bablu @ Bablu Singh be released forthwith in the aforesaid case crime (supra) on bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned/Station House Officer of the police station concerned with the following conditions:-
1. that the applicant shall make himself available for interrogation by a police officer as and when required;
2. that 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 to any police officer or tamper with the evidence;
3. that the applicant shall not leave India without the previous permission of the court;
4. that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;
5. that the applicant shall not pressurize/ intimidate the prosecution witness;
6. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial or deciding the regular bail application.
Order Date :- 1.12.2022 Shalini