Allowed

Jagdish and Another v. State of U.P. and 2 Others

Allahabad HC25 Nov 2022ABAIL/6268/2022

Case brief

AI extract

What is this about?

In an anticipatory bail application regarding charges under 498-A/307 IPC and D.P. Act, the Court found a case made out for bail despite violent allegations. The application was allowed upon furnishing a bond and complying with specific conditions regarding travel, passport surrender, and court appearance.

What did the court decide?

Application allowed; applicants to be released on bail upon furnishing bond with two sureties and complying with strict conditions.

Jagdish and Another Vs State of U.P. and 2 Others — Cheating and Forgery | Allahabad HC (2022)

¶1

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6268 of 2022 Applicant :- Jagdish And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Surendra Singh Counsel for Opposite Party :- G.A.

¶2

Hon'ble Suresh Kumar Gupta,J.

¶3

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

¶4

The instant anticipatory bail application has been filed on behalf of the applicants Jagdish And Smt. Kamlesh with a prayer to release them on bail in Case Crime No.443 of 2021, under Sections 498-A, 323, 307, 354-B IPC and Section 3/4 D.P. Act, Police Station- Raya, District-Mathura.

¶5

It is contended on behalf of the applicants that they are innocent and have been falsely implicated in the present case.The applicant is father in law and mother in law of the victim. General allegation has been assigned to the applicants. No general role has been assigned to the applicant. False allegation of outraging the modesty of the victim has also been levelled against the applicant no. 1 without any evidence. It is further submitted that without collecting cogent and credible evidence the Investigating Officer filed charge sheet against the applicants in a routine manner before the court.Further submission is that the applicants fully cooperated with the investigation. Hence, the applicants may be enlarged on anticipatory bail and they are ready to cooperate with the trial. If the applicants are granted anticipatory bail, they will never misuse the same. Learned counsel for the applicants has placed reliance on a judgement of the Supreme Court in the case of Sushila Aggarwal and others v. State (NCT of Delhi) and another, (2020) 5 SCC 1.

¶6

Learned A.G.A. vehemently opposed the prayer for bail.

¶7

It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694 , it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.

¶8

In the instant case, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel

¶9

for the parties, nature of accusation, role of applicants and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, a case for anticipatory bail is made out.

¶10

In the event of arrest the applicants are arrested, they shall be released on anticipatory bail in the aforesaid case till conclusion of trial for the aforesaid offences 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:-

¶11

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

¶12

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

¶13

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 them from disclosing such facts to the Court or to any police officer;

¶14

The applicants shall file an undertaking to the effect that they 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 applicants.

¶15

In case, the applicants misuse 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 and others v. State (NCT of Delhi) and another, (2020) 5 SCC 1.

¶16

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

¶17

The anticipatory bail application is allowed .

¶18

Order Date :- 25.11.2022 / Anuj Singh

¶19

Digitally signed by ANUJ PRATAP SINGH Date: 2022.11.28 10:04:24 IST Reason: Location: High Court of Judicature at Allahabad

Jagdish and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Jagdish and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Said Ahmad Vs State of U.P. and 2 Others

Firoj Ahmad and Another Vs State of U.P.

Rizwan Khan and Another Vs State of U.P. and Another

Arvind Kumar Vs State of U.P. and 3 Others

Vipin Sharma Vs State of U.P.

Umesh Paswan Vs State of U.P.