Allahabad High Court
Navneet Chahal vs State Of U.P. And Another on 17 June, 2021
Author: Vivek Agarwal
Bench: Vivek Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12025 of 2021 Applicant :- Navneet Chahal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Dutt Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vivek Agarwal,J.
Heard Sri Krishna Dutt Tiwari, learned counsel for applicant-Navneet Chahal and Sri Nagendra Srivastava, learned AGA for the State.
This anticipatory bail application has been filed on behalf of the applicant-Navneet Chahal being aggrieved of registration of Case Crime No. 105 of 2021 under Section 333 IPC, Police Station-Nakhasa, District-Sambhal.
Sri Tiwari submits that vide order dated 16.03.2021, learned Court of Judicial Magistrate, Sambhal at Chandausi, has granted bail to the applicant, who has been implicated in Case Crime No. 105 of 2021 at Police Station-Nakhasa, District-Sambhal under Sections 332, 504 and 353 IPC. It is submitted that later on, with a view to seek custody of the applicant, who was already enlarged on bail, Section 333 IPC has been added. It is submitted that there is no injury caused to the complainant's party and therefore, bare reading of provisions contained in Section 333 IPC makes it clear that in absence of any grievous hurt, no offence under Section 333 IPC is made out.
Learned AGA, in his turn, submits that when impugned order was passed till then no case was registered under Section 333 IPC and advantage of bail was extended in favour of the applicant by the Court of J.M.F.C. At this stage, learned AGA submits that there is a report of fracture in the first metacarpal, but there is no mention as to whether it is on the left hand or right hand. Applicant has already been extended benefit of regular bail and there is no point in allowing him to be incarcerated again because he has already been in judicial custody for sometime when bail was granted to him.
Looking to the facts of the case, taking into consideration the gravity and nature of accusation and there being no possibility of his fleeing from process of justice delivery, this Court is of the view that applicant is entitled for anticipatory bail.
Accordingly, let applicant Navneet Chahal implicated in the aforesaid case be released on anticipatory bail on his 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 applicant shall make himself available for interrogation by a police officer as and when required, by approaching said police officer within 30 days from today.
(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 officer or tamper with the evidence.
(iii) The applicant shall not leave India without the previous permission of the Court.
(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.
(vi) In default of any of the conditions mentioned above or in case it is found that applicant has obtained this order concealing any material facts, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
In above terms, case is disposed off.
Order Date :- 17.6.2021 Vikram/-