Allahabad High Court
Mool Chandra vs State Of U.P. on 19 September, 2022
Author: Suresh Kumar Gupta
Bench: Suresh Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7852 of 2022 Applicant :- Mool Chandra Opposite Party :- State of U.P. Counsel for Applicant :- Yash Pratap Singh,Birendra Singh Counsel for Opposite Party :- G.A. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. appearing for the State and perused the record.
The present anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant apprehending his arrest in connection with Case Crime No. 595 of 2021, under Sections 143/145/147/148/186/323/332/341/353/436/504 IPC & Section 7 CLA Act, Police Station- Manjhanpur, District- Kaushambi.
It is contended on behalf of the applicant that the applicant is innocent and has been falsely implicated in the present case. The applicant has not committed any offence as alleged in the FIR. It is further submitted that earlier the FIR was lodged by the brother of the applicant against an unknown Dumper (Truck) Driver bearing No. UP96-T-3737 registered as Case Crime No. 594/2021, U/s- 279/337/338/304-A/427 IPC with regard to an incident in which the deceased died on the spot due to accident caused by the Dumper Driver. Due to this, the applicant blocked the road and someone set ablaze the alleged vehicle. It is further submitted that in counterblast, the false and frivolous FIR has been lodged against the applicant. No one has got injury in the alleged incident. Thus, no disclosed offence is made out against the applicant.
The counsel for the applicant further submits that the applicant has no previous criminal antecedents and he is ready to cooperate in the investigation. The applicant undertakes that if he is granted anticipatory bail, he shall not misuse the liberty of the same.
Learned A.G.A. opposed the prayer for anticipatory bail but could not dispute the above facts.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that the applicant has no criminal antecedent, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest, the applicant- Mool Chandra involved in the aforesaid crime 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 his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned/court below concerned with the following conditions:-
(i) the applicant shall make himself available for interrogation by a police officer as and when required;
(ii) 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 office;
(iii) the applicant 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.
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 preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a certified copy of this order, before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
In view of the aforesaid terms, the application is disposed of.
Order Date :- 19.9.2022 Shravan