Allahabad High Court
Taha vs State Of U.P. on 6 March, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2109 of 2020 Applicant :- Taha Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Shukla Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sanjay Shukla, learned counsel for the applicant and Sri Rahul Srivastava, learned A.G.A. for the State.
This anticipatory bail application (u/s 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 272 of 2019 under sections 143, 145, 147, 148, 149, 151, 152, 153, 332, 333, 336, 337, 342, 353, 290,188, 186, 427, 307, 504 I.P.C. and Section 7 of Crl. Law Amendment Act, Police Station Kotwali District Gorakhpur during the pendency of investigation.
Learned counsel for the applicant has argued that he has apprehension of imminent arrest. Applicant has been falsely implicated in this case. He is servant on A.C. Shop. He has also drawn attention of the Court towards the order passed in Crl. Misc. Writ Petition No. 1769 of 2020 on 7.02.2020 in this very crime number in which the co-accused has been granted relief of arrest till submission of police report under Section 173(2) Cr.P.C. Number of accused have also been granted anticipatory bail by the court below. Accused has criminal history of two cases which is mentioned at para 15 of the Affidavit. If released on bail he would not misuse the liberty and would co-operate with the investigation.
Learned A.G.A. has vehemently opposed the prayer of grant of anticipatory bail and attention of the Court has been drawn towards the seriousness of the offence. He has further argued that in this case as many as 21 police constables as well as public personnel have received injuries during the protest in which the accused applicant has been identified through video clip and his name has appeared thereafter only as being involved in commission of this offence Taking into consideration the gravity of accusation, looking to the fact that large number of police personnel as well as public persons have received injuries of various kinds, there does not seem to be false implication because accused has been identified through C.C.T.V. Footage and there being possibility of his fleeing from justice, without expressing any opinion on the merits of the case, this Court does not find good ground for enlarging the applicant, Taha on anticipatory bail in this case.
The anticipatory bail application of the applicant Taha, is, accordingly, rejected.
Order Date :- 6.3.2020 A. Mandhani