Allahabad High Court
Chandra Pratap Yadav vs State Of U.P. And 2 Others on 2 February, 2021
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1464 of 2021
Applicant :- Chandra Pratap Yadav
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Pankaj Misra,Gopal Misra
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned AGA.
The instant anticipatory bail application has been filed on behalf of the applicant, Chandra Pratap Yadav, with a prayer to release him on bail in Case Crime No. 06 of 2021, under Section 420 I.P.C., Police Station- Cant., District- Varanasi, during pendency of trial.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required.
The applicant was granted compassionate on the post of constable in P.A.C. and while he was undergoing training , he received information about physical test for the post of Sub-inspector at Lucknow. Applicant duly applied for leave and attend the physical test for his appointment on the post of Sub-Inspector on compassionate ground. He was granted permission to appear in physical test. After physical test he returned back for training and was appointed at 36 Battalion, Ramnagar, Varanasi.The applicant was thereafter selected for the post of Sub-inspector and was directed to report for the training on 30.12.2019.He submit his resignation from the post of constable which was duly received by Commandant and he went to U.P. Police Academy, Moradabad for training for post of Sub-Inspector . The Commandant 36, Battalion Ramnagar , Varanasi wrote letter to U.P. Police Academy, Mordabad and his training was suspended and he was sent back to 36 Battalion to work as constable. The Inspector General of Police Varanasi Zone Varanasi inquired the matter and recommended that applicant be sent back to complete his training for the post of sub-inspector provided he deposits the expenses of training incurred in PAC. After inquiry no fault of the applicant was found .Another inquiry was conducted and it was found that police Form no.92 was filled and in the aforesaid Form in the column where applicant was earlier employed word ?No? has been typed. Hence First Information has been lodged against the applicant on the allegation that he concealed the fact that prior to joining the post of Constable he has applied for the post of Sub-Inspector.
Learned counsel for the applicant has submitted that informant, who has lodged the First Information Report, himself inquired and found no fault of the applicant. In the police Form No.92 there is no signature of the applicant and sign of the clerk (appointment) is there. Applicant has been falsely implicated in this case on account of no fault of his because he filed filed Writ Petition No. 3518 of 2020 before this court prayed for writ of mandamus to Commandant 36, Battalion,Rampur , Varanasi to comply the direction issued by the Inspector General of Police Varanasi, Zone,Varanasi to direct him to get cost for training of the applicant for the post of constable deposited. He has been falsely implicated in this case.Applicant has definite apprehension of his arrest by the police.
Learned AGA has opposed the prayer for anticipatory bail of the applicant. He has submitted that in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail. The apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear anticipatory bail cannot be granted.
After considering the rival submissions this court finds that there is a case registered against the applicant. It cannot be definitely said when the police may apprehend him. After the lodging of FIR the arrest can be made by the police at will. There is no definite period fixed for the police to arrest an accused against whom an FIR has been lodged. The courts have repeatedly held that arrest should be the last option for the police and it should be restricted to those exceptional cases where arresting the accused is imperative or his custodial interrogation is required. Irrational and indiscriminate arrests are gross violation of human rights. In the case ofJoginder Kumar v. State of Uttar Pradesh AIR 1994 SC 1349the Apex Court has referred to the third report of National Police Commission wherein it is mentioned that arrests by the police in India is one of the chief source of corruption in the police. The report suggested that, by and large, nearly 60 percent of the arrests were either unnecessary or unjustified and that such unjustified police action accounted for 43.2 percent of expenditure of the jails. Personal liberty is a very precious fundamental rights and it should be curtailed only when it becomes imperative. According to the peculiar facts and circumstances of the peculiar case the arrest of an accused should be made.
Hence in case of his arrest the applicant is directed to be enlarged on anticipatory bail without expressing any opinion on the merits of the case and considering the nature of accusations and his antecedents as per the Constitution Bench judgment of the Apex Court in the case of Sushila 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 applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
Let the applicant involved in the aforesaid crime be 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 applicant shall not leave India during the pendency of trial without prior permission from the concerned trial Court.
2. The applicant shall surrender his passport, if any, to the concerned trial Court forthwith. His passport will remain in custody of the concerned trial Court.
3. That the 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;
4. The applicant shall file an undertaking to the effect that he 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 applicant.
5. In case, the applicant 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 of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
6. The applicant 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 his bail and proceed against him 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 :- 2.2.2021
Atul kr. sri.
