Allahabad High Court
Vinod Kumar Singh And Anr. vs State Of U.P. Thru Prin.Secy. Home ... on 1 June, 2022
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 14
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8191 of 2021
Applicant :- Vinod Kumar Singh And Anr.
Opposite Party :- State Of U.P. Thru Prin.Secy. Home And Ors.
Counsel for Applicant :- Sanjeev Kumar Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
Heard learned counsel for the applicants and learned A.G.A. for the State. Perused the record.
The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No.0122/2021, under Section 147, 148, 149, 395, 397, 332, 353, 504, 506, 427, 336, 307, 34 Indian Penal Code and Section 7 Criminal Law Amendment Act and Section 131, 132(2), 135(A) Peoples Representation Act, Police Station - Kandhai, District - Pratapgarh with a prayer to enlarge them on anticipatory bail.
Learned counsel for the applicants submits that according to First Information Report it is alleged that the applicants and other co-accused persons have attacked with fire arm, brick stone and lathi-danda and abused the police and election team with intention to loot the ballot box. Although, as per prosecution story, the attack was made by fire arm, however, there is no injury of fire arm. The applicants have not contested any election. They have not supported any candidate. Only being a valid voter they have cast their votes and stayed at their homes but the police has falsely implicated the applicants. There is no need of custodial interrogation.
It is submitted on behalf of the applicants that the applicants are innocent. During the course of investigation the applicants have cooperated with the investigation and there was no need of the custodial interrogation of the applicants.
Learned counsel for the applicants further submits that co-accused persons namely Altaf and Nizamuddin have already been granted anticipatory bail vide order dated 7.12.2021 passed in Crl. Misc. Anticipatory Bail Application 483 Cr.P.C. No.5932 of 2021. He also prays that the benefit of this order may also be given to the present applicants.
Learned counsel for the applicants further submits that in view of the Constitution Bench judgment of Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98, anticipatory bail application of the applicants may be allowed.
It is further submitted that the applicants have no other reported criminal antecedent and the applicants undertake that if enlarged on bail, they will never misuse the liberty of bail and will co-operate in the investigation. The applicants have falsely been implicated in the present case just to tarnish the image of the applicants in the society. It is further submitted that the applicants are apprehending their arrest in near future.
Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, the applicants are entitled to be released on anticipatory bail in this case.
Accordingly, the Anticipatory Bail Application is allowed. In the event of arrest of the applicants Vinod Kumar Singh and Sachindra Pratap Singh, in the aforesaid case shall be released on anticipatory bail on their furnishing bail bonds to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
1. that the applicants shall make themselves available for interrogation by a police officer as and when required;
2. 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 them from disclosing such facts to the court or to any police officer or tamper with the evidence;
3. that the applicants 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 applicants;
5. that the investigating officer is directed to conclude the investigation in the present case in accordance with law expeditiously, preferably, within a period of four months from the date of production of a certified copy of this order independently without being prejudiced by any observation made by this court while considering or deciding the present bail application of the applicants;
6. that the applicants are directed to produce certified copy of this order before the S.S.P/SP concerned within 10 days from today, who shall ensure the compliance of the present order.
7. that in case charge-sheet is submitted the applicants shall not tamper with the evidence during the trial;
8. that the applicants shall not pressurize/ intimidate the prosecution witness;
9. that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted;
10. that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
Order Date :- 1.6.2022
S. Kumar
