Allahabad High Court
Mohan Pal Rawat vs State Of U.P. on 30 May, 2022
Bench: Sanjay Kumar Pachori
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4330 of 2022
Applicant :- Mohan Pal Rawat
Opposite Party :- State of U.P.
Counsel for Applicant :- Mayank Yadav,Vivek Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Vivek Kumar Singh, learned counsel for the applicant and Sri K.K. Rajbhar, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed on behalf of applicant Mohan Pal Rawat under Section 438 of the Code of Criminal Procedure, with a prayer to release him on anticipatory bail in Case Crime No. 860 of 2016, for offence punishable under Sections 193, 420, 120-B of the Indian Penal Code, registered at Police Station- Baghpat, District- Baghpat, till the conclusion of the trial, after rejecting the anticipatory bail application of the applicant by First Additional Sessions Judge, Baghpat vide order dated 06.05.2022.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that applicant is a practicing advocate and he has been implicated in the present case with regard to the allegation that applicant and other co-accused persons filed a forged motor accident claim petition before the Tribunal. It is further submitted that without any enquiry or given any opportunity to the applicant S.I. Virendra Tiwary lodged the first information report on the basis of false and frivolous allegations against the applicant and other co-accused persons. It is further submitted that the applicant has no concern with the allegation as made in the first information report. It is further submitted that M.A.C.P. No. 271 of 2015 (Smt. Gulnaaz and two others Vs. I.C.I.C.I. Lombard General Insurance Company and two others) has been dismissed by the Motor Accident Claims Tribunal vide order dated 05.10.2014 on the point of jurisdiction. It is further submitted that clam petition in question was not dismissed by the Tribunal on the ground of any forgery or cheating. It is further submitted that applicant is a senior advocate and he has been practicing for more-than 35 years. The claimant of the aforesaid claim petition filed an First Appeal From Order before this Court against the judgment and order dated 05.10.2016.
It is further submitted that there was no dispute about the death of deceased Jeeshan and as per his postmortem report he sustained crushed injury on his body. It is further submitted that charge sheet has been submitted against the applicant and other co-accused persons. Learned counsel for the applicant in support of his submission has placed reliance upon the judgment of Apex Court in case of Central Bureau of Investigation Vs. K. Narayana Rao (2012) 9 SCC 512
It is further submitted that the applicant is no more required for custodial interrogation. The applicant has no criminal history and he has not undergone any imprisonment after conviction by any court of law in relation to any cognizable offence previously. It is further contended that the applicant is ready to participate in the investigation.
Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant.
It is settled position of law that the anticipatory bail being an extraordinary privilege should be granted only in exceptional cases. Parameters for grant of anticipatory bail in a serious offence are required to be satisfied, where the Court is prima facie of the view that the applicant has falsely roped in the crime and would not misuse his liberty.
Considering the facts and circumstances of the case and the 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 ad interim anticipatory bail is made out.
Learned A.G.A. may file counter affidavit within two weeks.
Rejoinder affidavit, if any, may be filed within one week thereafter.
Put up this case as fresh for final hearing on 04.07.2022.
In case of arrest, the applicant, Mohan Pal Rawat is directed to be enlarged on ad interim anticipatory bail in above case crime number till the hearing of this application, on his furnishing personal bond of Rs. 25,000/- and two sureties each of like amount before the 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 he has passport, the same shall be deposited by them before the S.S.P./S.P. concerned/Court concerned;
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked;
(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order.
Order Date :- 30.5.2022
Ishan
