Allahabad High Court
Rabindra Kumar Mishra Anticipatory ... vs State Of U.P. And Anr. on 26 September, 2022
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11504 of 2019 Applicant :- Rabindra Kumar Mishra Anticipatory Bail Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Dhirendra Kumar Mishra,Bijendra Kumar Mishra,Prabhu Ranjan Tripathi Counsel for Opposite Party :- Anurudh Kumar Tiwari,Indrajeet Shukla,Phool Badan Singh,Ram Nath Pandey Hon'ble Rajesh Singh Chauhan,J.
Heard Sri Prabhu Ranjan Tripathi, learned counsel for the applicant, learned AGA for the State and Sri Ram Nath Pandey, learned counsel for the informant/ complainant.
As per learned counsel for the applicant, the present applicant is apprehending his arrest in FIR/Case Crime No.0657 of 2019, under Sections 419, 420, 467, 468 & 471 IPC, Police Station - Kotwali Bikapur, District -Ayodhya.
This Court vide order dated 29.11.2019 granted interim protection to the effect that till the next date of listing, no coercive steps shall be taken against the present applicant. The aforesaid interim protection is being extended till date. Sri Tripathi has submitted that the present applicant has never flouted the process of law and has participated in the investigation. After completion of the investigation, final report was filed against the present applicant, however, against other accused persons, charge sheet has been filed. On such final report, learned Magistrate instead of accepting such final report, summoned the applicant to face the trial.
Notably, the issue in question was sent before the Mediation and Conciliation Centre of this Court but it could not be successful. I am not giving any observation to the effect that who was not interested in the mediation and conciliation inasmuch as Sri Tripathi has submitted that the present applicant was interested in mediation but the other party was not interested in mediation and conciliation.
Sri Prabhu Ranjan Tripathi, learned counsel for the applicant has also submitted that the present applicant is willing to participate in the trial proceedings inasmuch as he has got his, prima facie, case to convince the Court that he is sufferer in the present case on account of the act and omission on the part of the other side but learned trial court has summoned the present applicant, therefore, his liberty may be protected till conclusion of the trial.
Learned AGA as well as learned counsel for the complainant has opposed the aforesaid prayer of the learned counsel for the applicant but could not dispute the submissions so made by the learned counsel for the applicant.
On being confronted the learned AGA as to whether there is any report against the present applicant regarding his non-cooperation with the investigation, learned AGA has submitted on the basis of instructions that there is no such complaint against the present applicant.
Therefore, without entering into merits of the issue; considering the arguments of learned counsel for the parties; material available on record; the order dated 29.11.2019 by means of which liberty of the present applicant was protected and undertaking of the applicant that he shall cooperate with the trial proceedings, I find it appropriate to protect the liberty of the present applicant till conclusion of the trial proceedings in view of the dictum of the Hon'ble Apex Court in re; Sushila Aggarwal vs. State (NCT of Delhi), 2020 SCC online SC 98.
Thus, it is directed that in the event of arrest, applicant- Rabindra Kumar Mishra shall be released on anticipatory bail in the aforesaid case crime number till conclusion of the trial on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the arresting authority/ court concerned with the following conditions:-
1. that the applicant shall make himself available for interrogation by a police officer as and when required;
2. that 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 officer or tamper with the evidence;
3. that the applicant shall not leave India without the previous permission of the court;
4. that the applicant shall not pressurize/ intimidate the prosecution witness;
5. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
6. that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
In the aforesaid terms, the instant anticipatory bail application is allowed.
[Rajesh Singh Chauhan,J.] Order Date :- 26.9.2022 RBS/-