Allahabad High Court
Awdesh Kumar And 7 Others vs State Of U.P. And 2 Others on 18 November, 2020
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7521 of 2020 Applicant :- Awdesh Kumar And 7 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Bhaju Ram Pprasad Sharma,Mool Chandra Counsel for Opposite Party :- G.A.,Jawahar Lal Maurya Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned AGA for the State.
Order on Criminal Misc. Exemption Application This exemption application is allowed.
Order on Criminal Misc. Anticipatory Bail Application Supplementary affidavit has been filed by counsel for the applicant bringing on record theinjuryreport which is taken on record.
The instant anticipatory bail application has been filed on behalf of the applicants, Awdesh Kumar, Angad Singh, Rakesh Kumar, Ajay Kumar, Anil Kumar, Champa Devi, Kalpana Devi and Manju Devi, with a prayer to release them on bail inCase Crime No. 591 of 2020, under Sections- 147, 452, 323, 504, 506 and 427 IPC, Police Station- Manjhanpur, District- Kaushambi, during pendency of trial.
There are generalallegations against all the accused persons ofcausing injury to Bacchi Lal after entering in the house of the informant. Counsel for the applicant has submitted that no specific role has been assigned to anyone inthe FIR.
Counsel for the informant, Sri Jawahar Lal Maurya, has opposed the prayer of applicant and hassubmitted that four injuries have been caused to theinjured. No x-rayreport of the injury has beenreceived.
However he could not dispute the fact that nospecific allegation has been made against anyone in the FIR. The applicants have definite apprehension that they may be arrested by the police any time.
Learned AGA has opposed the prayer for anticipatory bail of the applicant.
Hence the applicants are directed to be enlarged on anticipatory bail without expressing any opinion on the merits of the case and considering the nature of accusations and their antecedentsas per the Constitution Bench judgment of the Apex Court in the case ofSushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and order dated 22.05.2020 passed by this Court in Criminal Misc. Anticipatory Bail Application No.2609 of 2020. The future contingencies regarding anticipatory bail being granted to applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.
Let the applicants involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
1. The applicants shall not leave India during the currency of trial without prior permission from the concerned trial Court.
2. The applicants shall surrender their passport, if any, to the concerned trial Court forthwith. Their passport will remain in custody of the concerned trial Court.
3. 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 them from disclosing such facts to the Court or to any police officer;
4. The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicants.
5. In case, the applicants misuses the liberty of bail, the trial Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case ofSushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
6. The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against them in accordance with law.
7. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
8. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 18.11.2020 /Rohit