Piyush Pandey v. State Of U.P. Thru. Prin. Secy. Home Lko. And Another

2. Heard learned counsel for the applicant and learned A.G.A. for the State.

3. The Co-ordinate Bench of this Court vide order dated 23.01.2025 while granting interim protection to the applicant has passed the following order:- "1. Heard Shri Arun Kumar Pandey, learned counsel for the applicant and Shri Nikhil Singh, learned AGA-I for the State.

2. Issue notice to opposite party no.2 returnable at an early date.

3. Steps be taken within a week. Office to proceed accordingly.

4. As per learned counsel for the applicant, the present applicant is apprehending his arrest in Case Crime/ FIR No.0270 of 2023, under Sections 120 B, 498 A, 323, 504, 506, 376 D, 354, 392, 342 IPC and Section 3/4 Dowry Prohibition Act, Police Station- Motigarpur, District- Sultanpur.

5. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards impugned FIR wherein the 2 ABAIL No. 91 of 2025 allegation of demanding dowry and torture has been levelled against the entire family. The allegation of Section 376-D IPC has been levelled against all male family members. The present applicant is the brother-in-law (devar) of the victim. Attention has been drawn towards Annexure No.9 of the application, which is the order sheet of the District Legal Services Authority, Sultanpur where the mediation proceedings between the parties were proceeding and before the aforesaid authority a cheque of Rs.4 lakhs has been given to other side and the aforesaid cheque has been encashed, but on

23.01.2024, the date fixed before the aforesaid authority, the other side was not present, therefore, the exercise of mediation could not be finalized.

6. Since the husband of the victim was arrested, therefore, he filed his regular bail application and this Court granted regular bail to him vide order dated 13.06.2024 in Criminal Misc. Bail Application No.5428 of 2024. After lodging of the FIR the petitioner and the others have filed Criminal Misc. Writ Petition No.7122 of 2023 before the Division Bench and the Division Bench granted interim protection till filing of the charge sheet vide order dated 11.03.2024. The present applicant did not misuse the aforesaid liberty and co-operated with the investigation. Now the charge sheet has been filed. Not only above, other co-accused, Smt. Pintu Devi, mother of the present applicant, has filed Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.2441 of 2024 and this Court granted anticipatory bail to her vide order dated 06.11.2024.

7. The present applicant undertakes that if he is released on anticipatory bail he shall co-operate in the trial proceedings and shall not misuse the liberty of anticipatory bail. He is having his permanent address, therefore, there is no flight risk. For the said reasons, the liberty of the present applicant may be protected in view of the dictum of the Apex Court in re; Sushila Aggarwal Vs. State (NCT of Delhi) reported in 2020 SCC Online SC

8. Learned AGA has opposed the aforesaid request and has submitted that the allegation against the present applicant under Section 376-D IPC has been levelled against him, therefore, the present applicant is not entitled for anticipatory bail.

9. Therefore, without entering into merits of the issue; considering the arguments of learned counsel for the parties; the fact that arrest of the 3 ABAIL No. 91 of 2025 applicant was stayed by the Division Bench of this Court till filing of the charge sheet; pursuant to the aforesaid order, the present applicant participated in the investigation and now, charge sheet has been filed; undertaking of the applicant that he shall cooperate in the trial proceedings in the same manner as he has cooperated in the investigation and in view of the dictum of the Apex Court in re; Sushila Aggarwal (supra), I find it appropriate that liberty of the present applicant may be protected till the next date of listing.

10. Let counter affidavit be filed within a period of three weeks.

11. Rejoinder affidavit be filed within one week thereafter.

12. List in the week commencing 24.02.2025 within top ten cases.

13. Till the next date of listing, it is directed that in the event of arrest, applicant- Piyush Pandey shall be released on interim anticipatory bail in view of the dictum of the Apex Court in re; Sushila Aggarwal (supra) 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:- I. that the applicant shall make himself available for interrogation by a police officer as and when required; II. 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; III. that the applicant shall not leave India without the previous permission of the court; IV. that in default of any of the conditions mentioned above, the prosecution shall be at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicant; V. that the applicant shall not pressurize/ intimidate the prosecution witness. VI. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted. 4 ABAIL No. 91 of 2025

14. Before parting with, it is made clear that if on the next date any information is received to the effect that the present applicant has misused the liberty of anticipatory bail, this protection may be withdrawn. "

4. Learned counsel for the applicant submits that allegation in the F.I.R. are baseless and applicant has been falsely implicated. The investigating officer has filed the charge sheet without collecting the cogent and tangible evidence. He submits that in compliance of the order dated 23.01.2025, applicant has filed the bail bonds and has been released on interim anticipatory bail by the learned trial court. Applicant undertakes to cooperate in the trial. Applicant has not misused the liberty of interim protection granted by this Court. Learned A.G.A. has vehemently opposed the bail application. On due consideration to the submissions advanced, perusal of the record so also the fact that the applicant has cooperated in the investigation and he shall cooperate in the trial, the interim protection granted by this Court vide order dated 23.01.2025 is made absolute in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed. September 3, 2025 Saurabh Yadav/- (Karunesh Singh Pawar,J.) SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

2. Heard learned counsel for the applicant and learned A.G.A. for the State.

3. The Co-ordinate Bench of this Court vide order dated 23.01.2025 while granting interim protection to the applicant has passed the following order:- "1. Heard Shri Arun Kumar Pandey, learned counsel for the applicant and Shri Nikhil Singh, learned AGA-I for the State.

2. Issue notice to opposite party no.2 returnable at an early date.

3. Steps be taken within a week. Office to proceed accordingly.

4. As per learned counsel for the applicant, the present applicant is apprehending his arrest in Case Crime/ FIR No.0270 of 2023, under Sections 120 B, 498 A, 323, 504, 506, 376 D, 354, 392, 342 IPC and Section 3/4 Dowry Prohibition Act, Police Station- Motigarpur, District- Sultanpur.

5. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards impugned FIR wherein the 2 ABAIL No. 91 of 2025 allegation of demanding dowry and torture has been levelled against the entire family. The allegation of Section 376-D IPC has been levelled against all male family members. The present applicant is the brother-in-law (devar) of the victim. Attention has been drawn towards Annexure No.9 of the application, which is the order sheet of the District Legal Services Authority, Sultanpur where the mediation proceedings between the parties were proceeding and before the aforesaid authority a cheque of Rs.4 lakhs has been given to other side and the aforesaid cheque has been encashed, but on

23.01.2024, the date fixed before the aforesaid authority, the other side was not present, therefore, the exercise of mediation could not be finalized.

6. Since the husband of the victim was arrested, therefore, he filed his regular bail application and this Court granted regular bail to him vide order dated 13.06.2024 in Criminal Misc. Bail Application No.5428 of 2024. After lodging of the FIR the petitioner and the others have filed Criminal Misc. Writ Petition No.7122 of 2023 before the Division Bench and the Division Bench granted interim protection till filing of the charge sheet vide order dated 11.03.2024. The present applicant did not misuse the aforesaid liberty and co-operated with the investigation. Now the charge sheet has been filed. Not only above, other co-accused, Smt. Pintu Devi, mother of the present applicant, has filed Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.2441 of 2024 and this Court granted anticipatory bail to her vide order dated 06.11.2024.

7. The present applicant undertakes that if he is released on anticipatory bail he shall co-operate in the trial proceedings and shall not misuse the liberty of anticipatory bail. He is having his permanent address, therefore, there is no flight risk. For the said reasons, the liberty of the present applicant may be protected in view of the dictum of the Apex Court in re; Sushila Aggarwal Vs. State (NCT of Delhi) reported in 2020 SCC Online SC

8. Learned AGA has opposed the aforesaid request and has submitted that the allegation against the present applicant under Section 376-D IPC has been levelled against him, therefore, the present applicant is not entitled for anticipatory bail.

9. Therefore, without entering into merits of the issue; considering the arguments of learned counsel for the parties; the fact that arrest of the 3 ABAIL No. 91 of 2025 applicant was stayed by the Division Bench of this Court till filing of the charge sheet; pursuant to the aforesaid order, the present applicant participated in the investigation and now, charge sheet has been filed; undertaking of the applicant that he shall cooperate in the trial proceedings in the same manner as he has cooperated in the investigation and in view of the dictum of the Apex Court in re; Sushila Aggarwal (supra), I find it appropriate that liberty of the present applicant may be protected till the next date of listing.

10. Let counter affidavit be filed within a period of three weeks.

11. Rejoinder affidavit be filed within one week thereafter.

12. List in the week commencing 24.02.2025 within top ten cases.

13. Till the next date of listing, it is directed that in the event of arrest, applicant- Piyush Pandey shall be released on interim anticipatory bail in view of the dictum of the Apex Court in re; Sushila Aggarwal (supra) 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:- I. that the applicant shall make himself available for interrogation by a police officer as and when required; II. 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; III. that the applicant shall not leave India without the previous permission of the court; IV. that in default of any of the conditions mentioned above, the prosecution shall be at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicant; V. that the applicant shall not pressurize/ intimidate the prosecution witness. VI. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted. 4 ABAIL No. 91 of 2025

14. Before parting with, it is made clear that if on the next date any information is received to the effect that the present applicant has misused the liberty of anticipatory bail, this protection may be withdrawn. "

4. Learned counsel for the applicant submits that allegation in the F.I.R. are baseless and applicant has been falsely implicated. The investigating officer has filed the charge sheet without collecting the cogent and tangible evidence. He submits that in compliance of the order dated 23.01.2025, applicant has filed the bail bonds and has been released on interim anticipatory bail by the learned trial court. Applicant undertakes to cooperate in the trial. Applicant has not misused the liberty of interim protection granted by this Court. Learned A.G.A. has vehemently opposed the bail application. On due consideration to the submissions advanced, perusal of the record so also the fact that the applicant has cooperated in the investigation and he shall cooperate in the trial, the interim protection granted by this Court vide order dated 23.01.2025 is made absolute in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed. September 3, 2025 Saurabh Yadav/- (Karunesh Singh Pawar,J.) SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench