Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19518 of 2021 Applicant :- Gyanti Devi And 3 Others Opposite Party :- State Of Up Through Secretary (Home) And Another Counsel for Applicant :- Vinod Singh Counsel for Opposite Party :- G.A.,Mamta Singh
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicants, Sri Ajit Kumar, Advocate, holding brief of Mamta Singh, learned counsel for the informant as well as the learned AGA and perused the material available on record.
This anticipatory Bail application (under section 438 Cr.P.C) has been moved seeking bail in Case Crime No.182 of 2021, under Sections 420, 467, 468, 471, 504, 506, 120B I.P.C., Police Station Nizamabad, District Azamgarh, during pendency of investigation.
It is argued that the applicants are innocent and has been falsely implicated in the present case. Learned counsel for the applicants submits that the present First Information Report pertains to civil in nature and to give criminal colour, present First Information Report has been lodged by opposite party no.2 with the allegation that the brother of the first informant namely Furkan Khan purchased a land of arazi No.350 area 12,80 acres on 31.03.2015 from Shahabuddin and Beni. Applicant has no concern with the case. Allegations levelled against the applicant is false. Applicant's case is squarely covered under Section 438 Cr.P.C. Allegations levelled in the matter are not attracted. It is also submitted that if entire facts are taken into consideration, then also prosecution can only start on the basis of complaint. The applicants have no criminal history. If the applicants are enlarged on bail, they will not misuse the liberty and will cooperate with the investigation. The applicants have apprehension of their arrest by the police any time.
Learned A.G.A. vehemently opposed the bail prayer of the applicants with the contention that the applicants are not entitled for anticipatory bail as prima facie case is made out. The apprehension of the applicants are not founded on any material on record, only on the basis of imaginary fear, the anticipatory bail cannot be granted.
After considering the rival submissions this court finds that there is a case registered against the applicants. It cannot be definitely said when the police may apprehend them. After the lodging of FIR the arrest can be made by the police at will. There is no definite period fixed for the police to arrest an accused against whom an FIR has been lodged. The courts have repeatedly held that arrest should be the last option for the police and it should be restricted to those exceptional cases where arresting the accused is imperative or his custodial interrogation is required. Irrational and indiscriminate arrests are gross violation of human rights.
Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal vs. State (NCT of Delhi), 2020 SCC Online SC 98.
In the event of arrest, applicants namely Gyatri Devi, Sitabi Devi, Jitendra Yadav & Ranjeet Singh @ Rajnet Singh shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicants shall make themself available for interrogation by a police office as and when required;
(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 them 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.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production a copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicants.
The application stands disposed of.
Order Date :- 20.12.2021 SKD Digitally signed by Justice Deepak Verma Date: 2021.12.21 13:59:28 IST Reason: Document Owner Location: High Court of Judicature at Allahabad