Allahabad High Court
Sameer Pandey And 2 Others vs State Of U.P. on 2 September, 2020
Author: Raj Beer Singh
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 81 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5404 of 2020 Applicant :- Sameer Pandey And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This anticipatory bail application has been moved seeking bail in Case Crime No. 347 of 2020 under Sections 143, 145, 186, 188, 269, 270, 336, 341 I.P.C., Section 3 of Epidemic Disease Act 1897 and Section 51 of Disaster Management Act, 2005 Police Station Karchana, District Prayagaraj.
This anticipatory bail application has been directly filed before this Court without approaching the concerned Session Court. It has been pointed out when this anticipatory bail application was filed, the District Court Prayagraj was closed due to COVID-19 Pandemic. It has been stated that even nowadays District Court is not functioning regularly and in most of the working days District Court has to be closed due to Pandemic effect. It was stated that in view of these facts and circumstances, this Court has power and jurisdiction to entertain this application for anticipatory bail.
After hearing the counsel for the applicants, this Court is satisfied that there are grounds to hear this anticipatory bail application directly by this Court and it is being heard accordingly.
It has been argued by the learned counsel for applicants that applicants are innocent and false allegations have been made against them in F.I.R. In the alleged incident, no one has sustained any injury and that there is no independent witness of the incident. It was further argued that only allegation against the applicants are that they were making protest and staging "Dharna" by violating the conditions of lockdown which was enforced due to COVID-10 Pandemic and that applicants are having apprehension of eminent arrest. It was also argued that applicants have no criminal history and that in case, they are granted anticipatory bail, they will not misuse the liberty of bail and will cooperate with the investigation.
Learned A.G.A. has opposed the application for anticipatory bail.
Considering the submissions of the learned counsel for the parties and all attending facts and circumstances of the case, taking into consideration the gravity of the accusation as well as the fact that there being no criminal antecedents of applicants and there being no possibility of fleeing from justice, without expressing any opinion on merit of the case, applicants are entitled to be released on anticipatory bail in this case.
The anticipatory bail application is allowed.
In the event of arrest of the applicants-Sameer Pandey, Himanshu Mishra and Pankaj Yadav involved in Case Crime No. 347 of 2020 under Sections 143, 145, 186, 188, 269, 270, 336, 341 I.P.C., Section 3 of Epidemic Disease Act 1897 and Section 51 of Disaster Management Act, 2005 Police Station Karchana, District Prayagaraj, shall be released on anticipatory bail on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions :-
(i) the applicants shall make them available for interrogation by a police officer as and when required;
(ii) 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 him/her/them from disclosing such facts to the Court or to any police officer;
(iii) the applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by him before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer/prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicants may produce a self attested computer generated copy of this order downloaded from the official website of High Court Allahabad before the S.S.P./S.P. concerned within ten days from today, who shall ensure compliance of present order.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 2.9.2020 S.Ali