Allahabad High Court
Sher Bahadur Singh (Second Abail) vs State Of U.P. Through Principal ... on 5 August, 2022
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 16
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 25 of 2022
Applicant :- Sher Bahadur Singh (Second Abail)
Opposite Party :- State Of U.P. Through Principal Secretary,Home,Lko
Counsel for Applicant :- Suresh Kumar Upadhyay
Counsel for Opposite Party :- G.A.,Jitendra Pratap Singh
Hon'ble Krishan Pahal,J.
Heard Shri Suresh Kumar Upadhyay, learned counsel for the applicant and Shri Vijay Srivastava, learned A.G.A. for the State as well as perused the record.
The present anticipatory bail application has been filed on behalf of the applicant in Crime No. 0325 of 2021 registered under Section s 147, 148, 149, 323, 325 & 307 I.P.C. at Police Station- Kurebhar, District - Sultanpur with a prayer to enlarge him on anticipatory bail.
Learned Counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. Learned counsel for the applicant has further stated that the charge sheet has already been filed in the present case and the applicant is on interim protection vide order dated 20.04.2022. Learned counsel for the applicant has stated that the applicant has cooperated in the investigation and undertakes that he will cooperate in the trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
The prayer for anticipatory bail have been vehemently opposed by Shri Vijay Srivastava, learned A.G.A.
On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Shri Gurbaksh Singh Sibbia and Others vs. State of Punjab, (1980) 2 SCC 656". The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant Sher Bahadur Singh be released forthwith in the aforesaid case crime (supra) on anticipatory bail on furnishing a personal bond of Rs.50,000/- and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. that the applicant shall make himself available for interrogation by a police officer as and when required;
2. 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 or tamper with the evidence;
3. that the applicant shall not leave India without the previous permission of the court;
4. that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant;
5. that the applicant shall not pressurize/ intimidate the prosecution witness;
6. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
7. that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial or deciding the regular bail application.
Order Date :- 5.8.2022
Lokesh Kumar
