Allahabad High Court
Mahesh vs State Of U.P. And Another on 25 May, 2022
Bench: Vivek Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 65
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4033 of 2022
Applicant :- Mahesh
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ronak Chaturvedi
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the parties and perused the material brought on record.
Heard learned counsel for the parties and perused the material brought on record.
It is submitted on behalf of the applicant that applicant is innocent and the present F.I.R. has been lodged on false and frivolous facts with ulterior motive. The First Information Report in the present case has been lodged on non-existent grounds. It is next contended that it is a cross case in which both sides have received injuries and at this stage it cannot be said as to who was aggressor and the incident had taken place at the spur of the moment. It is next contended that general role has been assigned to the applicant. It is next contended that the ingredients of offences are absent and entire prosecution story is based on false and frivolous allegations. The applicant has not committed any offence as alleged. The police has submitted charge sheet in the present case, and applicant has definite apprehension of his arrest by the police. The applicant has placed reliance upon the judgement of Hon'ble the Apex Court passed in the case ofSushila Aggarwal and Ors. vs. State (NCT of Delhi)- 2020 SCC 1. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It is further submitted that there is no possibility of applicant's either fleeing away from the judicial process or tampering with the witnesses. Lastly, it is submitted that applicant that cases against the applicant has been imposed after the present case and in that applicant is on bail.
Learned A.G.A. has opposed the prayer for anticipatory bail to the applicant.
Without expressing any opinion on merits of the case, considering the nature of accusation and the fact that applicant has no criminal antecedent , the applicant is entitled to be released on anticipatory bail in the present case.
Let the applicant- Mahesh, who is involved in Case Crime No. 469 of 2021, under Sections- 452, 323, 324, 504, 506 IPC, Police Station- Dhampur, District- Bijnor,, shall be released on anticipatory bail on his furnishing a personal bond of Rs. 25,000/- 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 pendency of trial without prior permission from the concerned trial Court.
2. The applicant shall surrender his passport, if any, to the concerned trial Court forthwith. His 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 vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
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 their bail and proceed against him in accordance with law.
Order Date :- 25.5.2022
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