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2019 Supreme(All) 2664
IN THE HIGH COURT OF ALLAHABAD
Karuna Nand Bajpayee, J.
Charanjit Singh – Applicant
Versus
State of U.P. – Opposite Party
Criminal misc. Bail application No. 50954 of 2019
Decided On : 21-11-2019
Advocate Appeared:
For the Appellant : Syed Imran Ibrahim
Point of law: sub-section (5) is in the nature of legislative mandate to the Court, be it High Court or the Court of Session to decide an application for anticipatory bail within a period of 30 days of the making of such an application, which underlines the desirability of early disposal of such applications but in case for any reason the final hearing does not take place on the dated fixed for this purpose by the Court, there is no need for any extension of the interim order which was passed at the first instance earlier
Headnote:
Criminal Procedure Code,1973 – Sections 156(3), 438, 41A – Constitution of India – Article 21 – Unlawful Activities (Prevention) Act, 1967 – Narcotic Drugs and Psychotropic Substances Act, 1985 – Official Secret Act, 1923 – Uttar Pradesh Gangsters and Anti- Social Activities (Prevention) Act, 1986 – Dowry –
Facts of the case:
The marriage of the applicant was solemnized with Smt. Rashmeet Kaur/first informant in accordance with Sikh rites and rituals at Hapu – In fact at no point of time, the applicant or his family members had demanded dowry or had committed cruelty upon the first informant – A baby boy was also born out of the wedlock of the applicant and the first informant – But unfortunately some marital dispute arose in the and the first informant along with her minor son had left her matrimonial home and started living with her parents – After more than one year of leaving her matrimonial home, the first informant had filed a complaint with C.A.W. (Cell), Hapur making blanket allegations against the applicant and his family members.
Finding of the court:
court does not find any substance in the contention of the learned counsel for the applicant that this Court may dispose of, or has the power to dispose of this application for anticipatory bail at the first hearing finally – Without expressing any opinion upon ultimate merits of the case, this Court directs that in the event of arrest, the accused-applicant-Charanjit Singh, involved in Case Crime Police Station Hapur Nagar, District Hapur, shall be released on bail on furnishing a personal bond of Rs. 50,000/-with two sureties each in the like amount to the satisfaction of the Arresting Officer – In order to ensure that the interim bail is not subjected to any misuse and in order to ensure that the statutory powers of investigation and its scope may not get impaired, it is being observed and directed that the accused-applicant shall not in any manner indulge in any activities or attempts which may adversely influence or impair the fair investigation of the case and he will make himself available to the police authorities or the Court, as the case may be, whenever required for the purpose of investigation or inquiry – The accused shall also not leave India without the permission of the Court during the subsistence of this order.
Result: Order Accordingly.
JUDGMENT :
1. Sri Anurag Shukla, Advocate has filed power on behalf of the first informant today in Court, which has been taken on record.
2. Heard Sri Jaspreet Singh Rai, Advocate assisted by Sri Syed Imran Ibrahim, learned counsel for the applicant, learned A.G.A. appearing for the State and Sri Anurag Shukla, learned counsel for the first informant. Perused the record.
3. Submission of learned counsel for the applicant is that the marriage of the applicant was solemnized with Smt. Rashmeet Kaur/first informant on 05.12.2014 in accordance with Sikh rites and rituals at Hapur. In fact at no point of time, the applicant or his family members had demanded dowry or had committed cruelty upon the first informant. A baby boy was also born on 19.6.2017 out of the wedlock of the applicant and the first informant. But unfortunately some marital dispute arose in the year 2018 and the first informant along with her minor son had left her matrimonial home and started living with her parents. After more than one year of leaving her matrimonial home, the first informant had filed a complaint on 25.6.2019 with C.A.W. (Cell), Hapur making blanket allegations against the applicant and his family members. In pursuance of the aforesaid complaint mediation proceedings were held before the C.A.W. (Cell), Hapur and the applicant had participated in the mediation proceedings on several dates. Eventually the first informant out of her own volition made an application dated 16.8.2019 with the prayer to withdraw the aforesaid complaint. Upon receiving the said application from the first informant the mediation proceedings were closed. Submission is that the perusal of the application dated 16.8.2019 as well as the report of concerned authority shows that the only reason for marital discord was that the applicant was not providing his wife/first informant a separate floor for her at her matrimonial home. Surprisingly the first informant moved a fresh application under Section 156(3) of Cr.P.C. before the court of C.J.M., Hapur on 27.9.2019 with the prayer that a suitable direction may be given to the concerned S.H.O. for lodging of F.I.R. against the applicant and his family members and to investigate the same. The application was allowed by the learned Magistrate and thereafter the F.I.R. of the present case was registered on 15.10.2019 with absolutely false allegations. Submission is that at earlier point of time the first informant had herself withdrawn her complaint from the C.A.W. (Cell) Hapur/Mahila Thana, but has again initiated criminal proceedings against the applicant and his family members and has falsely implicated them with imaginary and highly improbable charges. As per the allegations made in the F.I.R., on 17.9.2019 when the victim-wife was still residing with her parents at Hapur, the applicant, his sister, his father and mother are said to have tried to commit murder of the first informant. It is said that the applicant went to the parental house of the wife/first informant and then took her to a park where the applicant's sister, his father and mother were all present already and then the moment she reached there, all of the accused persons including the applicant pounced upon her, brought her down to earth and attempted to strangulate her to death. Submission is that the allegations of such nature bristle with high improbability and no man of common prudence would tend to believe that the entire family members of the applicant including his sister, his mother and father would be coming all the way to first informant's town and then for no rhyme or reason would indulge in an act like this and that too when it was well within the knowledge of the parents of the first informant that she was going along with her husband to the said park for amicable negotiations. Such kind of implausible story deserves to be disbelieved for reason of its absurdity itself. The applicant's counsel has further emphasized that in fact on that very day the app
