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2025 DAILYLAW 125046 (ALL)

SATPAL SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

ABAIL/259/2025 · 2025-02-24

Rajesh Singh Chauhan

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11606 Court No. - 11 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 259 of 2025 Applicant :- Satpal Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Dheeraj Awasthi,Piyush Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Shri Dheeraj Awasthi, learned counsel for the applicant and Shri Bhanu Pratap Singh, learned Additional Government Advocate for the State. 2. The present anticipatory bail application has been moved as the applicant is apprehending her arrest in Case Crime No.316 of 2019, under Sections 498-A, 306 IPC, police station Mailani, District Lakhimpur Kheri. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence, as alleged in the F.I.R. 3. Learned counsel for the applicant has stated that the present applicant, who is an old aged person of 63 years, is the father-in-law of the deceased. Learned counsel for the applicant submits that the unfortunate incident took place on 22.09.2019. In the FIR only general allegation of demand of dowry has been levelled against all the accused persons including the applicant, however no allegation of abetment to commit suicide is levelled against the present applicant. During investigation the applicant co-operated properly and has not been arrested. Now, charge sheet has also been filed. 4. Learned counsel for the applicant undertakes that he shall co-operate in the trial proceedings and his liberty may be protected under Section 480 BNSS. He is having his permanent address, therefore, there is no flight risk. Learned counsel for the applicant has further submitted that his liberty may be protected in the light of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi) reported in 2020 SCC online SC 98 as he undertakes that if he is released on anticipatory bail, he shall not misuse the liberty so granted to him and shall abide by all the terms and conditions of the bail order. He shall also co-operate in the investigation proceedings. 5. Learned Additional Government Advocate has opposed the aforesaid prayer of learned counsel for the applicant but he could not controvert the aforesaid contentions of learned counsel for the present applicant. 6. Therefore, without entering into merits of the issue, considering the arguments of learned counsel for the parties; the fact that the present applicant is an old aged person; has not been arrested during investigation and co-operated in such investigation; and the undertaking of the present applicant that he shall not misuse the liberty of anticipatory bail and shall co-operate in the investigation, I find it appropriate that liberty of the present applicant may be protected till conclusion of trial in the light of dictum of Apex Court in re: Sushila Aggarwal (supra). 7. It is directed that in the event of arrest, applicant Satpal Singh shall be released on anticipatory bail in the aforesaid case crime number till conclusion of trial on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting authority/ Court concerned with the following conditions:- (a) 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; (b) that the applicant shall not leave India without the previous permission of the court; (c) that the applicant shall not pressurize/ intimidate the prosecution witness/ informant; (d) that the applicant shall make herself available for interrogation as and when required; (e) that in default of any of the conditions mentioned above, the investigating officer concerned shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 8. In view of the aforesaid terms, this anticipatory bail application is disposed of. . [Rajesh Singh Chauhan, J.] Order Date :- 24.2.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench