Allahabad High Court
Rizwan Warsi And 6 Others vs State Of U.P. on 25 August, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:171959 Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9294 of 2023 Applicant :- Rizwan Warsi And 6 Others Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. Supplementary affidavit filed today is taken on record.
2. This application has been moved on behalf of the applicants - Rizwan Warsi, Israr Warsi, Rihana Begum, Shabnam, Shabina, Salina and Altaf seeking anticipatory bail in Case Crime No. 52 of 2022, under Sections 498-A, 323, 504 IPC and 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Etah.
3. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
4. It is submitted 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. It is further submitted that the present matter is a matrimonial dispute. After completion of investigation, charge sheet has been submitted in the matter and the applicants have been cooperative during course of investigation. The applicants have been cooperative during course of investigation. Criminal history of applicant nos. 1 and 7 has been explained by way of supplementary affidavit filed today. It is also submitted that an application U/S 482 CrPC No. 21061 of 2023 has been moved by the applicants before this Court, which is still pending for orders and no protection order has been passed so far in the aforesaid proceeding in favour of the applicants. No process under Sections 82 and 83 CrPC has been issued against the applicants and the applicants have not been declared absconder. In case applicants are granted anticipatory bail, they will not misuse the liberty of bail and would obey all conditions of bail. It is also submitted that the medical report does not corroborate the prosecution version.
5. Learned A.G.A. opposed the prayer for anticipatory bail.
6. I have considered the rival submissions made by the learned counsel for the parties.
7. In this matter, it reveals from the perusal of the record that with the allegation of demand of dowry and causing harassment and cruelty to the victim of the case, an F.I.R. was lodged by the informant, the brother of the victim, against all the in-laws of the victim including the present applicants on 15.9.2022 and after investigation charge sheet has been submitted in the matter. From the perusal of the record it also reveals that applicants have been cooperative during investigation. Alleged offences are punishable with the imprisonment for a maximum period of seven years. No custodial interrogation appears to be required in the matter.
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, likelihood 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. Considering the settled principles of law regarding anticipatory bail, nature of accusation, role of applicants and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, in my view, it is a fit case for anticipatory bail to the applicants till the end of trial.
10. The application is allowed accordingly.
11. In the event of arrest of the applicants, 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 make themselves available before the Court concerned on the date fixed in the matter and will cooperate in the trial.
(ii) 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/her from disclosing such facts to the Court or to any police office.
(iii) The applicants shall not leave India without the previous 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 default of any of the conditions, the same may be a ground for cancellation of protection granted to the applicants.
Order Date :- 25.8.2023 safi