Allowed

Moti Lal Shiv Hare v. State of U.P.

Allahabad HC2 Dec 2023ABAIL/12163/2023

Case brief

AI extract

What is this about?

This single-judge order granted anticipatory bail to the applicant in a criminal case involving serious offenses including rape allegations. The court relied on the Constitution Bench judgment in Sushila Aggarwal to enroll the applicant with specific conditions, including a bond, restrictions on travel and communication, and mandatory attendance at trial stages. The order was disposed of without e

What did the court decide?

Applicant enrolled on anticipatory bail with personal bond of Rs.50,000, two sureties each, surrender of passport, and compliance with specific conditions to remain present at trial.

Moti Lal Shiv Hare Vs State of U.P. — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:228190

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Court No. - 71

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12163 of 2023

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Applicant :- Moti Lal Shiv Hare Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Chandra Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard Mr. Ramesh Chandra Upadhyay, learned counsel for the applicant and learned Additional Government Advocate for the State.

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This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.767 of 2016, under Sections 147, 452, 504, 506, 294, 376, 511, 427, 392 IPC, Police Station Jagdishpura, District Agra.

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Learned counsel for the applicant submits that applicant has been falsely implicated in the present case just to harass the applicant in fact no such incident has taken place as alleged in the impugned FIR. The applicant has never committed any offence as alleged in the impugned FIR. He further submits that earlier the applicant alongwith other co-accused persons have filed Criminal Misc. Writ Petition No.24980 of 2016 challenging the FIR in which this Court granted interim protection to the applicant till filing of police report under Section 173 (2) Cr.P.C. Now the charge sheet has been filed which has also been challenged by filing Criminal Misc. Application u/s 482 No.25074 of 2017 in which the proceeding has been stayed by this Court vide order dated 10.08.2017,. He has further submits that in the meantime the court below has issued warrant against the applicant on the basis of judgment of Asian Resurfacing of Road Agency Pvt. Ltd. and another vs. CBI . He further submits that the applicant is aged about 75 years and suffering from several old disease. As per statement of the victim recorded under Section 164 Cr.P.C. there is no allegation of rape against the applicant. The victim has also refused for her internal and external examination. He further submits that the sister of the victim was married with the coaccused, namely, Prasant and some matrimonial dispute is going on between them in various course due to this reason the applicant

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has been falsely implicated levelling false allegations. The applicant is having no previous criminal history as has been mentioned in paragraph 7 of the affidavit. He further submits that applicant has apprehension of imminent arrest and in case, the applicant is released on anticipatory bail, he will not misuse the liberty and would co-operate with the trial.

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Learned A.G.A. has vehemently opposed the prayer for anticipatory bail of the applicant but could not dispute the aforesaid contentions raised by learned counsel for the applicant.

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Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, he is directed to be enlarged on anticipatory bail 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 . 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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In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant- Moti Lal Shiv Hare, involved in the aforesaid case crime be released on anticipatory bail till conclusion of trial on furnishing a personal bond of Rs.50,000/with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-

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(i) 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.

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(ii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.

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(iii) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.

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(iv) The applicant 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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(v) In case, the applicant misuses the liberty of bail, the 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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(vi) The applicant shall remain present, in person, before the trial court on the

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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 his bail and proceed against his in accordance with law.

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In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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With the aforesaid observations/ directions, the application is disposed of.

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Order Date :- 2.12.2023 Ajeet

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Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad

Moti Lal Shiv Hare v. State of U.P.

Case brief

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Moti Lal Shiv Hare v. State of U.P.

Case brief

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