Allahabad High Court
Abhishek Pratap Singh And 3 Others vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 30 September, 2022
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1659 of 2022 Applicant :- Abhishek Pratap Singh And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Shivendra S Singh Rathore,Sachin Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.
Heard Sri Shivendra S. Singh Rathore, learned counsel for the applicants and the learned Additional Government Advocate for the State-respondents.
Since the Court (Hon'ble Mr. Justice Karunesh Singh Pawar) who has passed the orders dated 14.12.2021 dismissing the first anticipatory bail applications is sitting at Allahabad, therefore, this second anticipatory bail application has been put up before the regular Court in terms of order of Hon'ble the Chief Justice passed on administrative side.
This is the second anticipatory bail application as the first anticipatory bail application of the present applicants bearing Criminal Misc. Anticipatory Bail Application (U/S 438 Cr.P.C.) No.470 of 2021; Rajeev Singh and others vs. State of U.P. and another and Criminal Misc. Anticipatory Bail Application (U/S 438 Cr.P.C.) No.279 of 2021; Indrajeet Singh vs. State of U.P. have been rejected vide order dated 14.12.2021.
Sri Rathore, learned counsel for the applicants has submitted that the present applicants have already been granted an interim anticipatory bail by this Court vide order dated 29.01.2021 passed in Criminal Misc. Anticipatory Bail Application (U/S 438 Cr.P.C.) No.279 of 2021; Indrajeet Singh vs. State of U.P. and vide order dated 10.03.2021 passed in Criminal Misc. Anticipatory Bail Application (U/S 438 Cr.P.C.) No.470 of 2021; Rajeev Singh and others vs. State of U.P. and another, but those anticipatory bail applications have been rejected for want of prosecution vide order dated 14.12.2021. For convenience, the orders dated 29.01.2021 and 10.03.2021 are being reproduced here-in-below.
"1. Heard Sri Girish Kumar Pandey, learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and Sri Vimlesh Kumar Kashyap, learned counsel appearing on behalf of complainant.
2. The present bail application u/s 438 Cr.P.C. has been filed by the applicant with prayer to enlarge him on bail in Case Crime No. 0382 of 2020, under Sections 147, 148, 308, 394, 452, 504 I.P.C., Police Station - Pisawan, District - Sitapur.
3. It has been submitted by learned counsel for the applicant that first information is absolutely false and frivolous and that the applicant has been falsely implicated in the present case. He has further submitted that the version stated in the first information report is not supported by the medical report and that as per first information report one Pramod Kumar Singh had broken his finger but the medical report does not indicate any such injury. He next submits that Section 308 I.P.C. is not made out from even bare reading of the first information report and even otherwise for rest of the offences maximum sentence is seven years.
4. Counter affidavit has been filed on behalf of the complainant where also the submissions made by the applicant have not been denied.
5. Learned Additional Government Advocate has opposed the bail application but could not dispute the aforesaid facts as submitted on behalf of applicant.
6. Considering the above aspects of the matter and without entering into the merits of the case, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C., till the next date of listing.
7. Learned Additional Government Advocate prays for and is granted three week's time to file counter affidavit.
8. List this case on 23.02.2021.
9. Till the next date of listing, accused-applicant namely Indrajeet Singh, involved in Case Crime No. 0382 of 2020, under Sections 147, 148, 308, 394, 452, 504 I.P.C., Police Station - Pisawan, District - Sitapur, in the event of his arrest in connection with the aforesaid case crime, shall forthwith be released forthwith on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Arresting officer/Investigating Officer/ S.H.O. concerned on the following conditions:-
(i) That the accused-applicant shall make himself available for interrogation by police authorities as and when required and will cooperate with the investigation;
(ii). That the accused-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; and
(iii). That the accused-applicant shall not leave India without the previous permission of the Court.
10. The papers regarding bail submitted to the police officer on behalf of the accused/applicant shall form part of the case diary and would be submitted to the court concerned along with same at the time of submission of report under Section 173(2) Cr.P.C.
11. In case there is breach of any of the above conditions or in case it is otherwise found for any other reason the bail is required to be cancelled, it shall be open for the State or the appropriate authority to move application for cancellation of bail in accordance with law.
12. Under Part-III, Chapter - XVIII, Rule - 18[3(a)] of the Allahabad High Court Rules, 1952 (amended), a copy of the bail application alongwith its enclosures be provided to the learned Additional Government Advocate by learned counsel for the applicant, within a week, without fail.
Order Date:- 29.1.2021."
"Issue notice to respondent No.2. Steps to be taken by Monday.
Connect and list with Anticipatory Bail Application Nos. 429 of 2021 and 279 (ABAIL) of 2021.
Interim order is granted in the same terms as granted in Bail No.429 of 2021 (Anticipatory Bail) vide order dated 17.02.2021.
Order Date :- 10.3.2021."
This second anticipatory bail application has been filed by the present applicants (Abhishek Pratap Singh, Rajeev Singh, Indrajeet Singh and Ajay Kumar Singh) apprehending their arrest in Case Crime/F.I.R. No.0382 of 2020, under Sections 147, 148, 308, 394, 452 & 504 I.P.C., Police Station-Pisanwan, District-Sitapur.
Learned counsel for the applicants has submitted that the present applicants have been falsely implicated in this case as they have not committed any offence as alleged in the prosecution story so narrated in the First Information Report (in short F.I.R.).
Learned counsel for the applicants has submitted that no charge-sheet has been filed against the present applicants as the charge-sheet has been filed only against one accused person, namely, Uday Veer Singh, who has been granted regular bail.
Learned counsel for the applicants has submitted that in compliance of the earlier anticipatory bail orders, the present applicants are co-operating with the investigation and they undertake that they shall further co-operate with the investigation and shall not misuse the liberty of anticipatory bail, therefore, liberty of the present applicants may be protected till completion of the investigation.
On the other hand, learned Additional Government Advocate has opposed the aforesaid prayer of learned counsel for the applicants but could not dispute the aforesaid contention of learned counsel for the applicants.
Therefore, without entering into merits of the issue, having considered the arguments of learned counsel for the parties, the fact that the present applicants had already been granted anticipatory bail by this Court vide orders dated 29.01.2021 and 10.03.2021 (supra), the status of investigation which is still going on and the same has not been completed against the present applicants, and also considering the undertakings given by the present applicants that they shall co-operate with the investigation and shall never misuse the liberty of anticipatory bail, I find it appropriate that liberty of the present applicants may be protected till completion of the investigation or till filing of the charge-sheet under Section 173 (2) Cr.P.C. in view of the dictum of Hon'ble Apex Court rendered in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.
Therefore, it is directed that in the event of arrest, the applicants, Abhishek Pratap Singh, Rajeev Singh, Indrajeet Singh and Ajay Kumar Singh, shall be released on anticipatory bail in the aforesaid case crime number till completion of investigation on their furnishing personal bond of Rs.50,000/- each with two sureties each in the like amount to the satisfaction of the arresting authority/ court concerned with the following conditions:-
1. that the applicants shall make themselves available for interrogation made by a police officer as and when required;
2. that 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 her from disclosing such facts to the court or to any police officer or tamper with the evidence;
3. that the applicants shall not leave India without prior permission of the court;
4. that the applicants shall not pressurize/ intimidate the prosecution witness;
5. that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;
6. that in case the charge-sheet is submitted the applicants shall not tamper with evidence during trial;
7. that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
In view of the aforesaid terms, this second anticipatory bail application is disposed of finally.
Order Date :- 30.9.2022 [Rajesh Singh Chauhan,J.] Suresh/