Allahabad High Court
Ashish Pal @ Ashu vs State Of U.P. Thru. Secy., Deptt. Of ... on 3 January, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:424 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3095 of 2023 Applicant :- Ashish Pal @ Ashu Opposite Party :- State Of U.P. Thru. Secy., Deptt. Of Home, Lucknow And Another Counsel for Applicant :- Ravindra Shukla Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.
1. Learned A.G.A. informs that he has procured complete instructions in the matter including up-to-date case diary.
2. Heard Shri Ravindra Shukla, learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
3. The instant application has been moved by the applicant- Ashish Pal @ Ashu in Case Crime No. 0278 of 2023, under Section 115 I.P.C., Police Station Jaisinghpur, District Sultanpur, with the prayer to enlarge him on anticipatory bail, as he is apprehending arrest in the above-mentioned case.
4. Learned counsel for the accused-applicant while pressing the anticipatory bail application submits that it is a case of false implication. As per the story of the prosecution, co-accused persons are shown to have been arrested with some illegal firearms and the applicant and other co-accused persons are shown to have been absconded.
5. It is vehemently submitted that even if the avertments, as made by the informant in the first information report, are taken on its face, the provisions as contained under Section 115 of the Indian Penal Code would not attract for want of necessary ingredients.
6. It is further submitted that criminal history of five cases, which were in the knowledge of the applicant, has been explained in para no. 12 of the bail application and the 6th case shown by the State is not in the knowledge of the applicant. He is ready to cooperate in the investigation and would remain present before the investigating officer as and when his presence would be required and he is not an absconder and no process under Section 82 Cr.P.C. has been issued against him till now.
7. Learned A.G.A. on the other hand submits that applicant is an accused of committing heinous offence and is also having criminal history of six cases, and, therefore, he is not entitled for any protection.
8. Having heard learned counsel for the parties and having perused the record, the case of the prosecution against the applicant appears to be that on relevant day the police had apprehended named accused persons of the F.I.R. while the others including the applicant managed to fled away from the scene. The co-accused persons who have been apprehended, were shown possessing illegal firearms and ammunition, which were seized and the F.I.R. under Section 115 I.P.C. was lodged. It has been argued with considerable force that even if the allegations as levelled in the first information report are believed, Section 115 I.P.C. would not attract. It is also submitted that the charge sheet has been filed against other accused persons and the police is making attempts to apprehend the applicant while there is no material or evidence available against him.
9. Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) (2020) 5 SCC 1 as well as in Nathu Singh Vs State of U.P. and Others, 2021(6) SCC 64, MANU/SC/0360/2021 has opined that on the existence of special factual matrix an accused person may be released on anticipatory bail for the limited period of time. Having regard to the peculiar factual matrix of this case, protection from arrest for limited period of time i.e. till submission of police report under Section 173(2) Cr.P.C., may be granted in favour of the applicant.
10. In result, the anticipatory bail application moved by the applicant- Ashish Pal @ Ashu is, hereby, disposed of with a direction that till the submission of police report under Section 173 (2) Cr.P.C., in the event of arrest of the applicant in the above-mentioned case, he shall be released forthwith on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/ Investigating Officer subject to the following conditions:-
(1) The applicant shall make himself available for interrogation or even for discovery of any fact by a police officer as and when required;
(2) 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 them from disclosing such facts to the Court or to any police officer;
(3) The applicant shall not leave the country concerned without the previous permission of the Court.
11. In case of default of any condition the investigating officer may approach this Court for cancellation/modification of this order.
12. It is clarified that all the observations contained in this order are only for disposal of this anticipatory bail application and shall not affect the trial proceedings in any manner.
Order Date :- 3.1.2024 Praveen