Allahabad High Court
Satyendra Sachan vs State Of U.P. And Another on 18 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. - 11371 of 2021
Applicant :- Satyendra Sachan
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Imran Khan,Alam Ara,Gulhuma
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Agarwal,J.
Sri Imran Khan, learned counsel for the applicant and Sri Gambhir Singh, learned AGA for the State.
This application seeking anticipatory bail has been filed by the applicant being aggrieved of registration of FIR dated 02.03.2021 registering Case Crime No.0053 at Police Station Sajeti, District Kanpur Nagar, under Sections 323, 504, 506, 354, 308 IPC and Section 3(2)(Va) and 3(1)(Da) of SC/ST (Prevention of Atrocities) Act 1989 as amended in 2015, for an incident which allegedly took place on 28.02.2021.
Learned counsel for the applicant submits that there is delay in lodging of the FIR. Complainant stays in the neighbourhood of the applicant and the dispute is in regard to filling of water from a public hand-pump but with a view to convert a simple dispute over filling of water, FIR has been lodged with a view to cause damage to the applicant. It is submitted that the main allegations is against Kallu, brother of the present applicant. It is further submitted that there are omnibus allegations of making castiest remark whereas it is a case where in fact brothers of the complainant had beaten the applicant party and though they tried their level best to get their report lodged, but report of the applicant was not accepted, as a result, they had to send their complaint to the SHO of the concerned police station though registered post.
Placing reliance on the MRI report of the applicant , it is pointed out that applicant had sustained injuries as have been revealed from the MRI report showing mild posterior diffuse disc bulges at C4-5 and C5-6 levels so also diffuse disc bulge at L4-5 level and L5-S1 level. It is further submitted that as applicant had sustained injuries in the scuffle, he be granted benefit of anticipatory bail.
Reliance is placed on the judgment of Supreme Court in case of Prithvi Raj Chauhan vs. Union of India and Others (2020) 4 SCC 727 to support the contention that where prima facie case is not made out attracting the provisions of Atrocities Act, then anticipatory bail can be granted in appropriate circumstances with a cautious exercise of power.
Sri Gambhir Singh, learned AGA, in his turn, submits that story put forth by learned counsel for the applicant is full of loopholes. It is submitted that applicant got himself examined at GSVM Medical College and associated Hospital Kanpur on 08.03.2021 i.e. after more than eight days of the incident taking place. Similarly, MRI was also carried out on 08.03.2021 which clearly reveals that the complaint presented by the applicant has nothing to do with the alleged incident. It is submitted that complainant had reported neck pain and weakness in lumber region for last six months. Thus, it cannot be said that applicant was attacked by the complainant party and had sustained injuries in the process. It is also submitted that though incident is reported to be that of 28.02.2021, but allegedly letter was sent by post on 05.03.2021 as is evident from annexure no.4. Besides this letter is undated and does not contain signatures of any party.
In view of such facts, it is submitted that when there are allegations against the applicant and their counter FIR was lodged on 07.03.2021 under Sections 147, 323, 354, 506 and 452 IPC, but the fact of the matter is that the complaint which was allegedly sent by the applicant, does not disclose commission of any offence under Section 354 IPC, merely, lodging of a case as a counterblast is not sufficient to hold any opinion on culpability or otherwise of applicant.
For the present, when investigation is pending, I am of the opinion that case for anticipatory bail is not made out. Application fails and is dismissed.
Order Date :- 18.6.2021
Ravi/-
