Allahabad High Court
Manoj Kumar And 2 Others vs The State Of U.P. Thru. Prin. Secy. ... on 1 December, 2022
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 11
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 453 of 2022
Applicant :- Manoj Kumar And 2 Others
Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another
Counsel for Applicant :- Vyas Narayan Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. has been moved by the applicants after rejecting their anticipatory bail application by the order dated 16.02.2022 passed by learned Sessions Judge, Sultanpur, seeking Anticipatory Bail in case crime no. 325 of 2021, under sections 147, 148, 149, 323, 307 IPC, Police Station Kurebhar, District Sultanpur.
On 23.03.2022, Coordinate Bench of this Court, while granting interim anticipatory bail to the applicants, has passed following order :-
"Heard Sri Vyas Narayn Shukla, learned counsel for the applicants, learned AGA for the State and perused the material available on record.
The present anticipatory bail application has been filed on behalf of the applicants in Case Crime/F.I.R. No.325 of 2021, under Sections 147, 148, 149, 323 and 307 IPC, Police Station Kurebhar, District Sultanpur, with a prayer to enlarge him on anticipatory bail.
Learned counsel for the applicants has submitted that co-accused persons, Amit Singh, Ankit Singh, Shubham Singh and Rishabh Singh, have already been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 21.12.2021 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.14258 of 2021. Therefore, the present applicants are also entitled for anticipatory bail. Learned counsel for the applicants undertake that they will cooperate in the investigation failing which the State can move appropriate application for cancellation of the anticipatory bail.
The prayer for anticipatory bail has been vehemently opposed by the learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.
Matter requires consideration.
Learned AGA is granted three weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.
List this case on 28.04.2022 in the additional cause list.
On due consideration to the arguments advance by learned counsel for the applicants as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicants, the applicants, as an interim measure, are liable to be enlarged on anticipatory bail on the ground of parity and in view of the Constitution Bench judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98". 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 the event of arrest, the accused-applicants- Manoj Kumar, Manish Kumar and Ram Nihore shall be released forthwith in the aforesaid case crime (supra) on interim anticipatory bail on furnishing a personal bond of Rs.50,000/- and two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned on the following conditions:-
(i) the applicants shall make themselves available for interrogation as and when required;
(ii) 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
(iii) the applicants shall not leave India without the previous permission of the Court.
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."
It is argued by learned counsel for the applicants that co-accused Amit Singh, Ankit Singh, Shubham Singh, Rishabh Singh and Amarpal Singh have been granted anticipatory bail by the co-ordinate Bench of this Court vide order dated 29.09.2022 passed in Criminal Misc. Anticipatory Bail Application Nos. 14258 of 2021 and 14363 of 2021 respectively. During investigation, the applicants have cooperated with the investigation and have not misused the liberty of aforesaid interim anticipatory bail which was granted on 23.03.2022, therefore, the same is liable to be made absolute till conclusion of the trial. Lastly, it is submitted that the applicants will not misuse the liberty and will cooperate with the trial.
Learned A.G.A. for the State does not dispute the aforesaid factual aspect of the matter as argued on behalf of the applicants.
In view of the above, aforesaid interim anticipatory bail order dated 23.03.2022 is made absolute till conclusion of the trial, subject to following conditions :
(i) That the applicants shall cooperate in the expeditious disposal of the trial and shall regularly attend the court on each dates unless inevitable.
(ii) That 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 him from disclosing such facts to the court or tamper with the evidence.
(iii) That the applicants shall not involve in any criminal activity.
(iv) In case of breach of any of the conditions mentioned above, the concerned Court below will be at liberty to cancel the anticipatory bail of the applicants after recording reasons.
(v) In case, it is found that applicants have obtained this order concealing any material facts, the investigating officer shall be at liberty to file an appropriate application for cancellation of anticipatory bail granted to the applicants.
It is clarified that observations made in this order at this stage is limited to the purpose of determination of this anticipatory bail application only and will in no way be construed as an expression on the merits of the case. The concerned Court below shall be absolutely free to arrive at its independent conclusions according to law on the basis of materials / evidences on record.
With the aforesaid observations and directions, the instant anticipatory bail application is allowed.
Order Date :- 1.12.2022
saurabh
