Allahabad High Court
Mangla Prasad Dubey And 2 Oters vs State Of U.P. on 13 November, 2019
Author: B. Amit Sthalekar
Bench: B. Amit Sthalekar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 45 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46809 of 2019 Applicant :- Mangla Prasad Dubey And 2 Oters Opposite Party :- State of U.P. Counsel for Applicant :- Vidya Shankar Dwivedi,Shahabuddin Counsel for Opposite Party :- G.A. Hon'ble B. Amit Sthalekar,J.
Heard Sri Shahabuddin, learned counsel for the applicants, Sri Sudeep Dwivedi, learned counsel for the informant, learned A.G.A for the State and perused the first information report as well as anticipatory bail rejection order.
The applicants are seeking anticipatory bail in Case Crime no.84 of 2019 under Section 147, 323, 447, 435 and 308 I.P.C., Police Station Jigna, District Mirzapur.
Learned counsel for the applicants submitted that there are cross version and both sides have sustained injuries, the dispute between the parties is over a piece of immovable property in respect of which interim injunction was granted by the civil court in favour of the co-accused Onkarnath and another party wants to forcibly take possession over it. He further submitted that at the stage of filing of application charge-sheet has not been submitted against the applicants, however, though the charge-sheet has now been submitted and cognizance has been taken, it will not preclude this Court to exercise power u/s 438 Cr.P.C. for granting anticipatory bail in view of law laid down by Hon'ble Apex court in Bharat Chaudhary vs. State of Bihar, 2003 (8) SCC77.
Learned counsel for the informant has vehemently opposed the prayer for bail and submitted that the question as to whether anticipatory bail is being granted for limited period or it would mean grant of bail till the conclusion of trial, has been referred to the larger Bench in the case of Sushila Aggarwal and others vs. State & Anr. and therefore, since the charge-sheet has been submitted and cognizance has been taken against the applicants, no such relief for grant of anticipatory bail be allowed to the applicants.
Be that as it may, at this stage in view of law laid down by the Apex Court in Bharat Chaudhary vs. State of Bihar following the dictum of Shri Gurbaksh Singh Sibbia and others vs. State of Punjab of the Constitution Bench, which does not have any fetters in respect of grant of anticipatory bail till the submission of charge-sheet.
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.
In the event of arrest of the applicants Mangla Prasad Dubey, Ramesh Chandra Dubey and Balkrishna involved in Case Crime No. 84 of 2019, u/s 147, 323, 447, 435, 308 IPC, P.S. Jigna, District Mirzapur shall be released on anticipatory bail till the conclusion of trial 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 will not tamper with the evidence during the trial.
(ii) The applicants will not pressurize/ intimidate the prosecution witness.
(iii)The applicants will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
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.
The Anticipatory bail application is accordingly allowed.
Order Date :- 13.11.2019 Kirti