Allahabad High Court
Vishvaprabhakar @ Bhikam Singh ... vs State Of U.P. And Another on 18 June, 2021
Bench: Siddhartha Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 7
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12103 of 2021
Applicant :- Vishvaprabhakar @ Bhikam Singh And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Sanjay Singh,Amrendra Nath Rai
Counsel for Opposite Party :- G.A.
Hon'ble Siddhartha Varma,J.
Learned counsel for the applicants has stated at the Bar that due to prevailing Covid-19 pandemic, the applicants have approached this Court directly. The reason given for approaching this Court directly is to the satisfaction of the Court.
Heard learned counsel for the applicants and learned Additional Government Advocate for the State through Video Conferencing and perused the records.
In Re: Criminal Misc. Exemption Application No.1 of 2021
The application is allowed.
Defects as have been mentioned by the Stamp Reporter may be removed within a period of two weeks from today.
Order on Memo of Application
The applicants are seeking anticipatory bail in connection with Case Crime No.0026 of 2021, under Sections 452, 323, 504, 506, 380 I.P.C. and Section 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station - Nayagaon, District - Etah.
The contention of the learned counsel for the applicants is that the applicants are innocent and have been falsely implicated in the instant case. He further submits that this case was not covered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act as per the judgment rendered by the Supreme Court in the case of Prithvi Raj Chauhan vs. Union of India & Others reported in (2020) 4 SCC 727 and, therefore, the instant application for anticipatory bail can be entertained. He further contended that the applicant no.1 is 69 years of age. So far as the applicant no.2 is concerned, he is the husband of the Gram Pradhan and was a very respected person. Still further learned counsel submits that there is no criminal history of the applicants and, therefore, they are entitled for protection from this Court.
Learned Additional Government Advocate has opposed the prayer for anticipatory bail but could not deny the fact that the applicants have no criminal history.
Considering the overall facts and circumstances of the case, this Court is of the opinion that the applicants deserve to be granted anticipatory bail in connection with the aforesaid case.
Accordingly, the anticipatory bail application is disposed of with following directions:-
(A) In the event of arrest, the applicants involved in aforesaid case shall be released on anticipatory bail till the conclusion of the trial on their furnishing personals bonds of Rs.50,000/- each with two sureties of the like amount to the satisfaction of the Court concerned;
(B) The applicants shall co-operate in the trial;
(C) 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; and
(D) The applicants shall not leave India without the previous permission of the Court.
In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
A copy of this order, duly certified by the learned counsel for the applicants, may be made available to the applicants. 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 :- 18.6.2021
Siddhant
