Allahabad High Court
Deep Chand vs State Of U.P And Another on 11 May, 2022
Bench: Ali Zamin
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 76
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2619 of 2022
Applicant :- Deep Chand
Opposite Party :- State Of U.P And Another
Counsel for Applicant :- Raj Narayan,Parvez Alam
Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard over anticipatory bail application, under Section 438 Cr.P.C., moved by the applicant, in Case Crime No.494 of 2021, under Sections 147, 148, 323, 504, 506, 307, 354 I.P.C., P.S. Refinery, District Mathura.
Learned counsel for the applicant submits that a lease was granted to the informant in 2498 area 0.357 hectare. It is alleged that from the date of lease, she was in possession. In Civil Suit No.598 of 2015, her possession has been declared vide judgement dated 03.04.2021, in spite of the knowledge of the judgement on 24.12.2021 at about 9:30 a.m. Chandra Shekhar, Shashipal, Govind, Ravindra, Om Prakash, Bachchu, Sachin, applicant, Dharamveer lashed with lathi, danda, saria, country-made pistol came at the land and by cutting the tree of Babool, started taking possession and also started building boundary in the meantime time her daughter-in-law, grandson Vikas reached the spot and objected then all aforesaid persons by abusing committed marpeet with lathi, danda, legs and fists and pressed her neck with intention to kill and pushed her. A video was also prepared of the incident, at that time Om Prakash with intention to kill fired at her from the country-made pistol but she had narrow escape. Chandra Shekhar with bad intention molested the daughter of the informant and tore her cloths. Incident was witnessed by persons present on the spot. Chandra Shekhar and others are history-sheeter having a long criminal history. He further submits that Dharamveer has filed a Civil Suit No.272 of 2021 (Dharamveer vs. Om Prakash and others), for the same land before the Civil Judge, Senior Division, Mathura, in which Sitaram (son of informant) is defendant no.3 and as para 3 of the suit applicant Dharamveer, Sheeshpal and Deep Chand are witnesses of the suit that is why he has been implicated in the present case. As per medical report, informant Smt. Anto Devi a complaint of pain in left ear, contusion 2 x 2 cm. back of chest upper part mid, contusion 1 x 3 cm. back of left side chest mid part redish blue and pain in chest and back was found. Nature of injuries are simple. Duration of injuries was found one day old caused by hard and blunt object. As per injury report of Urmila complain of pain in left side of forehead, redness blue outer 3 x 2 cm. back of chest, right side upper part and complaint of pain on lower back was found. He further submits that suit filed by Dharamveer was decided as ex-parte on 15.12.2021. The applicant has no role of causing injury. As per prosecution version applicant has criminal history of five cases but as per page no.62 of the bail application, he has been acquitted in all cases. He further submit that as per statement of informant and injured role of causing injury has been assigned to Chandra Shekhar and Ravindra and only presence of applicant is shown. Application for anticipatory bail was moved before court of session where it was rejected summarily and there is every likelihood of arrest of applicant by the police; it is a false implication owing to dispute; hence this anticipatory bail application with above prayer.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the factual aspects.
Having heard and gone through material placed on record and considering the nature of allegation against the applicant and injury received to the informant and others as well as civil suit filed from both sides, order and judgment passed in both the cases, without expressing any opinion on the merits of the case and law laid down by the Hon'ble Apex Court in the Case of Sushila Aggarwal Vs. State (NCT of Delhi) 2020 SCC Online SC 98, ground for grant of anticipatory bail is made out.
In case of arrest, the applicant Deep Chand is directed to be enlarged on anticipatory bail till the conclusion of trial in above case crime number, on furnishing personal bond of Rs. 50,000/- and two sureties each of like amount to the satisfaction of Station House Officer of police station/ court concerned with the following conditions:-
(i) The applicant shall make himself available for interrogation by the police officer as and when required, if investigation is in progress;
(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 such person from disclosing such facts to the Court or to any police officer;
(iii) The applicant shall not leave the country without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. concerned/Court concerned;
In default of any of the conditions, the Investigating Officer/Government Advocate is at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicant.
The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order.
A copy of this order shall also be produced before the S.P/S.S.P concerned by the applicants, within a week, if the investigation is still in progress, who shall ensure compliance of this order.
This anticipatory bail application is allowed.
Order Date :- 11.5.2022
Jitendra
