Allahabad High Court
Deepchand Yadav And Another vs State Of U.P. And Another on 24 October, 2019
Author: Vipin Sinha
Bench: Vipin Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45076 of 2019 Applicant :- Deepchand Yadav And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Akash Deep Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicants and learned A. G. A. for the State Applicants has moved the present anticipatory bail application seeking bail in Case Crime No. 198 of 2019, under Section 147, 323, 452, 506, 308 IPC, P.S. Chiluatal, District Gorakhpur.
I have perused the prosecution story as set up in the F.I.R. and also the anticipatory bail rejection order.
Contention as raised at the Bar by learned counsel for the applicant is that the applicant has been falsely implicated in the present case; that co-accused has been granted bail by another bench of this Court vide order dated 27.09.2019 in Criminal Misc. Bail Application No. 40286 of 2019 the case of the applicant is on the same footing thus, applicant is also entitled for bail; that applicant has no previous criminal history; the matter needs deeper and fairer investigation before any arrest should be given effect to.
Learned AGA has opposed the prayer for anticipatory bail of the applicants.
It has been consistently held that the plentitude of Section 438 CrPC must be given its full play. There is no requirement that the accused must make out a "special case" for the exercise of the power to grant anticipatory bail as it virtually, reduces the salutary power conferred by Section 438 CrPC to a dead letter.
Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, without expressing any opinion on the merits of the case, considering the nature of accusation, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants, Deepchand Yadav and Dhananjay Yadav involved in the aforesaid case, they shall be released on anticipatory bail on their furnishing a personal bond of Rs. 25,000/- 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 will join and participate in each and every aspect of "Investigation" and will lend full assistance to the Investigating Agency even with regard to "discovery of fact" if and when required so by the Investigating Agency or the concerned court;
(ii) the applicants shall make themselves available for interrogation by a police officer as and when required;
iii) 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 them from disclosing such facts to the Court or to any police officer;
(iv) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them before the S.S.P./S.P. Concerned.
In default or misuse of any of the conditions, the Public Prosecutor/Investigating Officer/first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
Order Date :- 24.10.2019 Ujjawal