Allowed

Pawan Kumar Agarwal and 2 Others v. State of U.P and 2 Others

Allahabad HC23 Feb 2021ABAIL/4378/2021

Case brief

AI extract

What is this about?

The Allahabad High Court granted anticipatory bail to applicants accused in a dowry harassment case involving allegations of attempt to murder. The court emphasized that arrest should be the last option and ordered release on bail subject to standard conditions.

What did the court decide?

Applicants released on anticipatory bail by furnishing personal bond with two sureties each, subject to specific conditions including surrender of passport and appearance for trial.

Pawan Kumar Agarwal and 2 Others Vs State of U.P and 2… — Anticipatory Bail | Allahabad HC (2021)

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4378 of 2021

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Applicant :- Pawan Kumar Agarwal And 2 Others Opposite Party :- State Of U.P And 2 Others Counsel for Applicant :- Sonu Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicants and learned AGA.

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The instant anticipatory bail application has been filed on behalf of the applicants, Pawan Kumar Agarwal, Smt. Anju and Anuj, with a prayer to release them on bail in Case Crime No. 322 of 2019( Case No. 1035 of 2020), under Sections 498-A,323,307,504,506 I.P.C., and section 3/4 Dowry Prohibition Act Police Station- Akrabad, District- Aligarh, during pendency of trial.

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Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required.

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With regard to marriage of the informant with son of the applicant nos.1 and 2 in the year 2012.The First Information Report has been lodged in the year 2020 alleging that family members are demanding dowry and harassing her.learned counsel for the applicants has submitted that there is allegation regarding offence under section 307 I.P.C. but no such injury has been found on the person of Informant. The charge sheet has been submitted against the applicants alongwith husband of the informant. The husband of the informant is not a party in this application. Applicants have been falsely implicated in this case. They are mother-in-law, father-in-law and

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brother-in law of the informant.Applicants have definite apprehension of their arrest by the police.

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Learned AGA has opposed the prayer for anticipatory bail of the applicant. He has submitted that in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail. The apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear anticipatory bail cannot be granted.

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After considering the rival submissions this court finds that there is a case registered against the applicant. It cannot be definitely said when the police may apprehend him. 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. In the case of Joginder Kumar v. State of Uttar Pradesh AIR 1994 SC 1349 the Apex Court has referred to the third report of National Police Commission wherein it is mentioned that arrests by the police in India is one of the chief source of corruption in the police. The report suggested that, by and large, nearly 60 percent of the arrests were either unnecessary or unjustified and that such unjustified police action accounted for 43.2 percent of expenditure of the jails. Personal liberty is a very precious fundamental rights and it should be curtailed only when it becomes imperative. According to the peculiar facts and circumstances of the peculiar case the arrest of an accused should be made.

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Hence in case of his arrest the applicant is directed to be enlarged on anticipatory bail without expressing any opinion on the merits of the case and considering the nature of accusations and his antecedents as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and order dated 22.05.2020 passed

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by this Court in Criminal Misc. Anticipatory Bail Application No.2609 of 2020. The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.

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Let the applicants involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-

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The applicants shall not leave India during the pendency of trial without prior permission from the concerned trial Court.

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The applicants shall surrender their passport, if any, to the concerned trial Court forthwith. Their passport will remain in custody of the concerned trial Court.

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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;

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The applicants shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.

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In case, the applicants misuses the liberty of bail, the trial Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.

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The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause,

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then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 23.2.2021

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Atul kr. sri.

Pawan Kumar Agarwal and 2 Others v. State of U.P and 2 Others

Case brief

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Pawan Kumar Agarwal and 2 Others v. State of U.P and 2 Others

Case brief

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