Allahabad High Court
Praduman Singh vs State Of U.P. And 2 Others on 6 August, 2019
Author: Rajul Bhargava
Bench: Rajul Bhargava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31654 of 2019 Applicant :- Praduman Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Alok Tiwari Counsel for Opposite Party :- G.A. and Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31697 of 2019 Applicant :- Nilesh Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Alok Tiwari Counsel for Opposite Party :- G.A. and Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31686 of 2019 Applicant :- Aniruddh Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Alok Tiwari Counsel for Opposite Party :- G.A. and Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31862 of 2019 Applicant :- Yogendra Kumar Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Alok Tiwari Counsel for Opposite Party :- G.A. Hon'ble Rajul Bhargava,J.
Supplementary affidavit filed by counsel for the applicants is taken on record.
The present Anticipatory bail applications arising out of same case crime number, therefore, they are being disposed of by a common order.
Heard Sri Alok Tiwari, learned counsel for the applicants, learned A.G.A for the State and perused the first information report as well as material available on record.
Learned counsel for the applicants submitted that essentially keeping in view the nature of allegation made in the F.I.R. lodged by the opposite party no. 3 appears to be of civil nature inasmuch as Plot no. 489 of Khata no. 51 is recorded in their names and is also ancestral property and the post office department has no concern with the said property. He further submitted that even if the applicants had executed sale deed in favour of Parasmani and others of the land allegedly belonging to postal department, the department may get the sale deed cancelled by filing civil suit before the appropriate forum. He further submits that co-accused Paras Mani Pandey and Shailendra Sharma have been granted bail by co-ordinate Bench of this Court in Crl. Misc. Anticipatory Bail Application No. 30685 of 2019 and 30690 of 2019 vide orders dated 31.7.2019. So far as the present anticipatory bail applications are concerned, the applicants are co-tenure holders of the disputed property, which is being claimed by the postal department and in this behalf Khatauni has been annexed along with application to demonstrate that in the revenue record name of the applicants finds place in respect of property in question. Learned counsel further pointed out that other co-tenure holders namely Umesh Singh, Shesh Singh, Ashish Singh and Brajesh Singh have already been enlarged on bail by the Additional Sessions Judge, Court no. 4 (E.C. Act), Pilibhit vide order dated 30.7.2019. Copy of the order has been annexed along with supplementary affidavit filed today.
Learned A.G.A. has vehemently opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, the applicants are entitled to be released on anticipatory bail in this case. It is made clear that the Investigating officer or the court shall not be influenced by any submissions raised on behalf of the applicants hereinabove.
In the event of arrest of the applicants Praduman Singh, Nilesh Singh, Aniruddh Singh and Yogendra Kumar Singh involved in Case Crime No. 233 of 2019, u/s 147, 419, 420, 467, 468, 471, 379, 447, 120-B I.P.C. and Section 3/4 Damages to Public Property Act and 4/10 of the Uttar Pradesh Protection of Trees in Rural and Hill Areas act, 1976, P.S. Kotwali, District Pilibhit shall be released on anticipatory bail till the submission of police report if any under section 173 (2) Cr.P.C. before the competent Court on their 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 applicants shall make himself available for interrogation by a police officer as and when required;
(ii) the applicants 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 them from disclosing such facts to the Court or to any police officer;
(iii) the applicants shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by them before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicants.
The applicants are directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
Let the copy of this order be sent by the Registrar General of this Court to Sessions Judge concerned for it's compliance.
Order Date :- 6.8.2019 Dhirendra/