Allahabad High Court
Pappu Alias Mitrasen Yadav vs State Of U.P. Thru. The Prin. Secy. Home ... on 15 February, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:13585 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 267 of 2024 Applicant :- Pappu Alias Mitrasen Yadav Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lucknow And Another Counsel for Applicant :- Santosh Kumar Srivastava 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 and the investigation of the case is still going on.
2. Heard 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- Pappu Alias Mitrasen Yadav in F.I.R/Case Crime No. 108 of 2023, under Section 307 and 34 I.P.C., Police Station Hanswar, District Ambedkar Nagar, 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 applicant was not arrested from the spot and the name of the applicant has surfaced in the confessional statements of the co-accused persons and apart from the confessional statements of the co-accused persons, there is no other evidence available against the applicant.
5. It is further submitted that none of the member of police party has sustained injuries of any kind in the alleged incident which falsifies the whole prosecution story. It is also submitted that identically placed co-accused persons, namely, Indal alias Indal Prasad, Mohd. Waseem Khan and Ram Prakash Verma have been granted anticipatory bail by the co-ordinate Bench of this Court as well as this Court vide orders dated 01.11.2023, 11.08.2023 and 02.02.2024 passed in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. Nos. 2430 of 2023, 1785 of 2023 and 181 of 2024 respectively.
6. It is next submitted that criminal history of the applicant comprising of four cases have been explained in para no.19 of the anticipatory bail application and the bail orders with regard to these four cases have been placed on record collectively as Annexure No. 4 to the application.
7. It is further submitted that applicant undertakes that he will appear before the investigating officer as and when his presence would be required and in case of adverse police report is filed under Section 173(2) Cr.P.C., he will also cooperate in the trial and would remain present before the trial court as and when his presence would be required and would not seek any adjournment when the prosecution witnesses would be in attendance.
8. Learned A.G.A., however, opposes the prayer of anticipatory bail of the applicant.
9. Having heard learned counsel for the parties and having perused the record, it is reflected that none of the police personnel has sustained injuries in the alleged incident. The applicant has admittedly not been arrested from the spot and his name has surfaced in the confessional statement of co-accused persons, which have been obtained while they were in the custody of the police. Identically placed co-accused persons, namely, Indal @ Indal Prasad, Mohd. Waseem Khan and Ram Prakash Verma have already been granted anticipatory bail by the co-ordinate Bench of this Court as well as this Court.
10. Thus, having regard to all the facts and circumstances of the case and keeping in view the law laid down by the Hon'ble Supreme Court in Siddharam Satlingappa Mhetre v. State of Maharashtra : (2011) 1 SCC 694, Sushila Aggarwal v. State (NCT of Delhi) (2020) 5 SCC 1 and in Nathu Singh Vs. State of U.P. and others':(2021)6 SCC 64, liberty of the applicant may also be protected.
11. In result, the instant anticipatory bail application moved by the applicant- Pappu Alias Mitrasen Yadav is allowed and it is provided that in the event of arrest of the applicant under any process of the trial court or on his appearance before trial court within 20 days from today i.e. till 05.03.2024, whichever is earlier, he shall be released forthwith on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties in the like amount to the satisfaction of the S.H.O. concerned/Investigating/Arresting officer/Trial Court, subject to the following conditions:
(i). The applicant if not arrested earlier, shall surrender before the trial court within 20 days from today i.e. till 05.03.2024 and will cooperate in the trial.
(ii). The applicant shall cooperate in the investigation and will make himself available as and when required by the Investigating officer of the case, even for the recovery of any fact, in case of further investigation.
(iii). The applicant shall not make any attempt to influence the prosecution witnesses and will also not commit any crime during his release on anticipatory bail.
(iv). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and specially when the prosecution witnesses are present in court.
(v). The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.
12. If in the opinion of the trial court default of any of the condition placed above is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and shall proceed against him in accordance with law.
13. 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 :- 15.2.2024 MVS/-