Allowed

Vijaypal v. State of U.P.

Allahabad HC6 Jul 2022ABAIL/2617/2022

Case brief

AI extract

What is this about?

Appeal for anticipatory bail against apprehension of arrest in a dowry-related FIR. The court granted bail, noting the applicant is an elderly father-in-law, the suicide occurred after a phone call from the husband, and no specific dowry demand against the applicant was alleged in the FIR.

What did the court decide?

Anticipatory bail granted on furnishing a personal bond of Rs. 50,000/- with two sureties and complying with the conditions of availability for interrogation, following police, and not tampering with

Vijaypal Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2022)

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2617 of 2022

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Applicant :- Vijaypal Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kumar Agarwal,Pankaj Sharma,Prashant Sharma Counsel for Opposite Party :- G.A.,Akhilesh Srivastava,Saksham Srivastava

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Anil Srivastava, learned Senior Advocate, assisted by Sri Pankaj Sharma, learned counsel for the applicant, learned AGA for the State and Sri Saksham Srivastava, learned counsel for the informant/ complainant.

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As per learned counsel for the applicant, the present applicant is apprehending his arrest in Case Crime No.523 of 2021, under Sections 498-A, 304-B IPC and Section 3/4 of Dowry Prohibition Act, Police Station - Anoopshahar, District - Bulandshahar.

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At the very outset, learned Senior Advocate has drawn attention of this Court towards the FIR wherein no specific allegation of demanding dowry has been levelled against the present applicant, who is father-in-law of the deceased. As per the FIR, the deceased has committed suicide just after receiving one phone call of her husband when she was at her father's residence. The incident in question took place at the residence of the father of the deceased. Therefore, learned Senior Advocate has submitted that even if the prosecution story is considered on its face value, even then the specific allegation has been levelled against the husband of the deceased as after receiving the phone call of her husband, she got fed up and committed suicide.

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As per learned Senior Advocate, relation of the present applicant with his daughter-in-law was cordial and he has never demanded any dowry from his daughter-in-law or her family members. He has also submitted that investigation is going on and he is fully cooperating with the investigation. He undertakes that if charge sheet is filed against the applicant, he shall cooperate with the trial proceedings and shall not misuse the liberty of bail. Therefore, considering the fact that the present applicant is an old aged father-in-law and is cooperating with the investigation, his liberty may be protected by granting

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him anticipatory bail.

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Per contra , learned AGA as well as learned counsel for the complainant/ informant has opposed the aforesaid request of the learned counsel for the applicant and has submitted that since investigation is going on, therefore, if such liberty is given to the present applicant, he may likely influence the investigation, therefore, that aspect may be looked into.

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Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the present applicant is an old aged father-in-law of the deceased; the deceased committed suicide at her father's residence just after receiving phone call from her husband and there is no complainant that the present applicant is not cooperating with the investigation, therefore, I find it a fit case to grant anticipatory bail to the present applicant. It is made clear that this Court has not entered into merits of the issue.

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Accordingly, the present anticipatory bail application is allowed .

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Therefore, it is directed that in the event of arrest, applicantVijaypal shall be released on anticipatory bail in the aforesaid case crime number on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the arresting authority/ court concerned with the following conditions:-

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that the applicant shall make himself available for interrogation by a police officer as and when required;

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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;

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that the applicant shall not leave India without the previous permission of the court;

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that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant;

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that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;

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that the applicant shall not pressurize/ intimidate the prosecution witness;

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that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.

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Before parting with, it is observed that the present applicant shall cooperate with the investigation properly and if the Investigating Officer/ Agency finds that the present applicant is not cooperating with the investigation properly and trying to influence the evidence/ Investigating Officer in any manner, any appropriate application for cancellation of protection may be filed before this Court.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 6.7.2022 RBS/-

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Digitally signed by RAM BIR SINGH Date: 2022.07.06 19:18:35 IST Reason: Location: High Court of Judicature at Allahabad

Vijaypal v. State of U.P.

Case brief

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Vijaypal v. State of U.P.

Case brief

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