Allahabad High Court
Amit vs State Of U.P. And Another on 20 December, 2023
Author: Rajan Roy
Bench: Rajan Roy
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:241530 Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13069 of 2023 Applicant :- Amit Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harish Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajan Roy,J.
1. Supplementary affidavit filed today is taken on record.
2. Heard counsel for the applicant, learned A.G.A. for the State and perused the record.
3. The present anticipatory bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in connection with Case Crime No. 0387 of 2023, under Sections 147, 323, 336, 504, 307 I.P.C., Police Station Baghpat, District Baghpat.
4. The contention of the applicant's counsel is that the applicant is not named in the F.I.R. nor there is any recovery from him. He has been falsely implicated, therefore, he is entitled to be released on anticipatory bail.
5. Learned A.G.A. has opposed the anticipatory bail application. He stated that on the earlier date, criminal history of the applicant was pointed out to the Court, whereupon the applicant has filed an affidavit today mentioning therein criminal history of as many as five cases. In addition to it, he has cursorily mentioned another criminal case in paragraph 11 of the affidavit filed in support of the application for grant of anticipatory bail without mentioning the details of sections in the said paragraph, although which are mentioned in the bail order, which is annexed at page 49-50 of the application. One of the sections for which he has been charged in the said cases is Section 307 I.P.C. In these circumstances, the submission is that investigation is till going on and in the F.I.R. itself it is mentioned that in the first incident, one unknown person along with the named accused Rohit had committed the offence and, thereafter, 8 or 9 unknown persons had accompanied him three vehicles and committed the offence, therefore, it is the matter of investigation as to whether the applicant is involved or not, but he is not entitled to be released on anticipatory bail in view of his criminal history.
6. Having heard counsel for the parties and having perused the record, firstly the applicant did not disclose the criminal history of five cases in the affidavit in support of the application for grant of anticipatory bail filed by him and it has been explained subsequently by supplementary affidavit when this fact was brought to the knowledge of the Court by learned A.G.A. Moreover, apart from the five cases mentioned in the supplementary affidavit, there is a sixth case in which charge-sheet has been filed which is Case Crime No. 784 of 2021, under Sections 307, 452, 325, 504 and 506 I.P.C., registered at P.S. Baghpat, District Baghpat. The details of other five cases against the applicant are as under :
i. Case Crime No. 73 of 2020, under Sections 147, 148, 149, 188, 269, 270, 323, 352, 427, 504, 506 I.P.C., Police Station- Chandi Nagar, District- Baghpat.
ii. Case Crime No. 665 of 2023, under Section 147, 148, 323, 504, 506 I.P.C., Police Station- Baghpat, District- Baghpat.
iii. Case Crime No. 792 of 2021, under Section 25/27/3 Arms Act, Police Station- Baghpat, District- Baghpat.
iv. Case Crime No. 797 of 2021, under Sections 323, 452, 504 I.P.C., Police Station- Baghpat, District- Baghpat.
V. Case Crime No. 1155 of 2018, under Sections 147, 148, 323, 324, 352 I.P.C., Police Station- Baghpat, District- Baghpat.
7. On perusal of the FIR, although the applicant is not named in the FIR, but perusal of the same, the Court finds that certain unknown persons were also involved in commission of offence. It is a matter of investigation as to whether the applicant is involved or not. Considering the aforesaid, especially the conduct of the applicant in not disclosing the criminal history and also taking into consideration his criminal history, this Court is of the opinion that it is not a fit case for grant of anticipatory bail to the applicant, however, this will not prejudice the applicant in seeking regular bail as permissible under law.
8. In view of above, the application is dismissed.
Order Date :- 20.12.2023 CS/-