Allahabad High Court
Mahesh Babu vs State Of U.P. And 3 Others on 22 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. - 10673 of 2021
Applicant :- Mahesh Babu
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Pradyumn Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Agarwal,J.
Heard Sri Pradyumn Kumar, learned counsel for applicant-Mahesh Babu and Sri Vikas Goswami, learned AGA for the State.
This application has been filed on behalf of the applicant, on account of registration of Case Crime No. 0081 of 2021 under Section 307 IPC at Police Station-Vichawan, District-Mainpuri.
Applicant has directly come to this Court because F.I.R. was lodged on 28.03.2021, 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 counsel for applicant submits that co-accused Satyendra Yadav was apprehended from the spot. Applicant was not present at the spot. However, with a view to frame all the family members, he has been falsely implicated by the police in a case under Section 307 IPC registering Case Crime No. 0081 of 2021 at Police Station-Vichawan, District-Mainpuri. It is submitted that its a case of no injury. Police has been given a target to complete number of cases under the Excise Act and with a view to complete said targets, they are falsely implicating innocent persons.
Learned AGA submits that as far as present applicant-Mahesh Babu is concerned, he was not apprehended from the spot. It is also admitted that there is criminal history of one case under Section 60 of the Excise Act and 272 IPC. No recovery has been made. It is also admitted that its a case of no injury.
Taking all these facts and circumstances of the case and the fact that Mahesh Babu was not apprehended from the spot whereas there were several persons included in the police party, which had approached the place of alleged incident, on the information furnished by the informant, prima facie, reflects that either police officials are inefficient and physically unfit to catch hold of the running accused persons from the spot, who are surrounded by the police personnel or there is a substance in the arguments advanced by the learned counsel for applicant that there is a general tendency on behalf of the police personnel, who are not trained to carry out such search and seizure operations that with a view to reflect on their efficiency that they are falsely implicating innocent persons.
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 Mahesh Babu implicated 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 :- 22.6.2021/Vikram/-
