Allahabad High Court
Sarju Prasad Alias Sarju Nishad And 2 ... vs State Of U.P. on 17 December, 2020
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9487 of 2020 Applicant :- Sarju Prasad Alias Sarju Nishad And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Radhey Shyam Yadav Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned AGA, through Video Conferencing.
Perused the material on record.
Order on Criminal Misc. Exemption Application This exemption application is allowed.
Order on Criminal Misc. Anticipatory Bail Application The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicants, namely, Sarju Prasad Alias Sarju Nishad, Dhananjay Nishad and Sharda Prasad alias Sharda Nishad, in Case Crime No. 529 of 2020, under Sections 147,148,149,323,354C, 504, 506,307 I.P.C. and section 3(1) (d), 3(2) (va) the Scheduled Castes and the Scheduled Tribes (Prevention of Authorities) Act,1989(Amendment-2015) , Police Station - Pooramufti, District - Kaushambi.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required.
The First Information Report was lodged against five accused persons for the alleged offence under sections 147,148,149,323,354C, 504, 506,307 I.P.C. and section 3(1) (d), 3(2) (va) the Scheduled Castes and the Scheduled Tribes (Prevention of Authorities) Act,1989(Amendment-2015). There are general allegations made against all the accused persons.The injured did not specified who caused firearm injury. The applicants have no criminal history to their credits. Applicants have definite apprehension of their arrest by the police. The offences alleged under S.C./S.T Act are not made out and in view of judgement of the Apex Court in the case of Prithvi Raj Chauhan Vs. Union of India,2020,AIR(SC) 1036,they are entitled to anticipatory bail.
Learned AGA has opposed the prayer for anticipatory bail of the applicants and submitted that applicant no.1 has criminal history of two cases under section 307 I.P.C.
Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicant nos. 2 and 3 are entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98.
In the event of arrest of the applicant nos. 2 and 3 Dhananjay Nishad and Sharda Prasad alias Sharda Nishad,they shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court 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 themselves 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 from disclosing such facts to the Court or to any police office;
(iii) The applicants shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) 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.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law, expeditiously, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
Regarding applicant no.1, Sarju Prasad Alias Sarju Nishad prayer for anticipatory bail application is rejected.
However, in view of the entirety of facts and circumstances of the case, it is directed on the request of learned for the applicant that in case the applicant Sarju Prasad Alias Sarju Nishad appears and surrenders before the court below within 45 days from today and applies for bail, his prayer for bail shall be considered and decided as per the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. Till then no coercive action shall be taken against the applicant.
However, in case, the applicant does not appears before the court below within the aforesaid period, coercive action shall be taken against them.
It is made clear that the applicant will not be granted any further time by this court for surrendering before the court below as directed above.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 17.12.2020 Atul kr. sri.