Allahabad High Court
Ashish Kumar Singh vs State Of U.P. And Another on 15 June, 2021
Bench: Vivek Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 1
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11798 of 2021
Applicant :- Ashish Kumar Singh
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ajendra Kumar
Counsel for Opposite Party :- G.A.,Praveen Kumar Srivastava,Vindeshwari Prasad
Hon'ble Vivek Agarwal,J.
Heard Sri Ajendra Kumar, learned counsel for applicant-Ashish Kumar Singh and learned AGA for the State.
This application has been filed on behalf of the applicant on account of registration of Case Crime No. 0378 of 2021 at Police Station- Naini, District- Prayagraj, under Sections 365 and 420 IPC.
It is submitted that accused and complainant party are related to each other and there is old enmity between the two inasmuch as applicant had lodged a FIR against the complainant party under Sections 406 and 504 IPC registering Case Crime No.164 of 2017 at Police Station Karwi Kotwali Nagar, District Chitrakoot, in which, Vipin Kumar Singh s/o Shyam Kishor has been named as an accused. It is submitted that applicant is working as Assistant Teacher after being given appointment as such in the year 2010. It is also submitted that complainant's husband returned back in a safe and sound condition and on account of earlier rivalry, this false case has been registered.
Learned counsel for the applicant submits that applicant has directly approached this Court inasmuch as FIR was lodged on 13.05.2021 when second wave of Covid-19 pandemic was on its peak. Therefore, applicant has been able to make out an extraordinary circumstances in the light of the judgment of Five Judges Bench of this Court in case of Ankit Bharti Vs. State of U.P. and Another; 2020 (3) ADJ 165 (F.B.), by directly approaching this Court.
Learned AGA when asked as to whether any statements under Section 161 Cr.P.C. were recorded after recovery of the missing person namely Sri Vipin Kumar Singh, then his statement is read over, but at the same time there is no report of medical to corroborate the statement under Section 161 Cr.P.C. to corroborate alleged injuries sustained by Vipin Kumar Singh.
Allegations are omnibus and it is apparently a case of old rivalry as is disclosed from the statements given by Vipin Kumar Singh under Section 161 Cr.P.C.
Learned AGA opposes the prayer for granting anticipatory bail to the applicant.
Looking to the facts of the case, taking into consideration the gravity and nature of accusation and there being no possibility of his fleeing from process of justice delivery, this Court is of the view that applicant is entitled for anticipatory bail.
Accordingly, let applicant Ashish Kumar Singh involved in the aforesaid case be released on anticipatory bail on his 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 applicant shall make himself available for interrogation by a police officer as and when required, by approaching said police officer within 30 days from today.
(ii) 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 or tamper with the evidence.
(iii) The applicant shall not leave India without the previous permission of the Court.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) 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.
(vi) In default of any of the conditions mentioned above or in case it is found that applicant has obtained this order concealing any material facts, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
In above terms, case is disposed off.
Order Date :- 15.6.2021
Ravi/-
