Allahabad High Court
Sameer Verma @ Shashi vs State Of U.P. Thru. Prin. Secy. ... on 24 May, 2022
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 637 of 2022
Applicant :- Sameer Verma @ Shashi
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Ana Another
Counsel for Applicant :- Abhishek Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Abhishek Srivastava, learned counsel for the applicant and 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 FIR No.0483 of 2018 registered under Sections 147, 148, 149, 352, 324, 308, 307, 504 and 506 IPC at Police Station- Jankipuram, District Lucknow with a prayer to enlarge him on anticipatory bail.
As per prosecution story, on 02.11.2018, the informant Suraj had gone to meet his friend Shoib at about 3:15 pm and five named accused persons along with 6-7 unnamed persons came there and attacked them with iron rods. The informant and his friend Shoib were badly injured. One accused Akash Yadav is stated to have fired upon them with an intention to cause their death but there is no bullet injury sustained by anyone.
Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. He is not named in the FIR. He has co-operated with the investigation. Learned counsel for the applicant has further stated that name of the applicant has come up in the supplementary statement of the victim recorded under Section 161 Cr.P.C. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. Learned counsel for the applicant undertakes that he will cooperate in the trial failing which the State can move appropriate application for cancellation of the anticipatory bail.
Per contra, Sri Vinay Kumar Sahi, learned AGA has vehemently opposed the anticipatory bail application on the ground that there is criminal history of one case against the applicant.
Learned counsel for the applicant has stated that that case pertain to Section 323 IPC and the applicant is on bail in it. The same has been annexed to the affidavit filed with the bail application. The applicant is not a previous convict. The charge-sheet has been filed against the applicant.
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- Sameer Verma @ Shashi 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 :- 24.5.2022
Ravi Kant
