Allahabad High Court
Jaipal vs State Of U.P. And 2 Others on 12 July, 2022
Bench: Suresh Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6086 of 2022
Applicant :- Jaipal
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Sudhir Mehrotra,Dhirendra Kumar Agrahari
Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant anticipatory bail application has been filed on behalf of the applicant- Jaipal with a prayer to release him on bail in Case Crime No. 640 of 2021, under Sections 147, 323, 332, 353, 307, 506 IPC, Police Station- Jahangirabad, District- Bulandshahr, during pendency of trial.
It is contended on behalf of the applicant that he is innocent and has been falsely implicated in the present case. Learned counsel for the applicant submitted that anticipatory bail application has been rejected by the learned Sessions Judge vide order dated 27.6.2022 summarily without disclosing any reason. Learned counsel for the applicant submitted that F.I.R. was lodged with a delay of one day without any plausible reason. Simple injury has been inflicted to the injured. In F.I.R. allegation of attempt to murder has been assigned to the co-accused- Ramji Lal. Co-accused Smt. Madhu having similar role has been granted bail by this Court on 18.5.2022 in CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3271 of 2022. A complaint was made with regard to demand of illegal gratification, regarding illegal connection, and as a counterblast present false report was got lodged. Learned counsel for the applicant has placed reliance on a judgement of the Supreme Court in the case of Sushila Aggarwal and others v. State (NCT of Delhi) and another, (2020) 5 SCC 1.
Sri Gauri Shankar, learned counsel for the opposite parties and learned A.G.A. vehemently opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusations and their antecedents, the applicant is entitled to be released on anticipatory bail in this case as per the Constitution Bench judgement of the Apex Court in the case of Sushila Aggarwal and others v. State (NCT of Delhi) and another, (2020) 5 SCC 1. The future contingencies regarding anticipatory bail being granted to the applicant shall also be taken care of as per aforesaid judgement of the Apex Court.
In the event of arrest the applicant is arrested, he shall be released on anticipatory bail in the aforesaid case crime number for the aforesaid offences on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
1. The applicant shall not leave India during the currency of trial without prior permission from the concerned trial Court.
2. The applicant shall surrender their passports, if any, to the concerned trial Court forthwith. The passport will remain in custody of the concerned trial Court.
3. 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;
4. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
5. In case, the applicant misuses the liberty of bail, the Trial Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal and others v. State (NCT of Delhi) and another, (2020) 5 SCC 1.
6. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
The anticipatory bail application is disposed of accordingly.
Order Date :- 12.7.2022
Anuj Singh
