Aditya @ Shubham Pandey And ... vs State Of U.P. Thru. Secy. Home Lko. ...
2023 Latest Caselaw 13330 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 735 of 2023
 

 
Applicant :- Aditya @ Shubham Pandey and Vipin Kumar
 
Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another
 
Counsel for Applicant :- Kailash Chandra,Girish Kumar Tiwari,Girish Kumar Tewari,Vivek Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No.224/2019, under Sections 307, 452, 506, 193, 420, 467, 468 & 471 I.P.C, Police Station- Khandasha, District- Ayodhya

Heard learned counsel for the applicants and learned A.G.A. for the State.

Vide order dated 12.4.2023, the applicants were granted interim protection by a coordinate Bench of this Court. Gist of the issue involved in the present matter is given in the said order, which is extracted below :

"Supplementary affidavit filed by the applicant is taken on record.

Heard Shri Vivek Kumar Mishra, learned counsel for the applicants; Shri Girish Kumar Tiwari, learned counsel for the informant/complainant as well as learned A.G.A. for the State and perused the record.

The present anticipatory bail application has been moved by the accused/applicants- Aditya @ Shubham Pandey and Vipin Kumar in Case Crime No. 224/2019, under Sections 307, 452, 506, 193, 420, 467, 468 & 471 I.P.C, Police Station- Khandasha, District- Ayodhya, with the prayer to enlarge them on anticipatory bail as they are apprehending arrest in the above-mentioned case.

Learned counsel for the accused-applicants while pressing the bail application submits that it is a case of false implication and the second wife of the father of the applicants is instrumental in lodging the first information report, which is nothing but a counter-blast of a complaint case bearing Case No. 544/2019 "Ashok Kumar Pandey Vs. Kuldeep Shukl", which was filed by the father of the applicants against informant.

It is also submitted that no one is shown to have sustained any injury in the alleged incident. The charge sheet has already been filed after thorough investigation and as the applicant has got protection from arrest till submission of police report under Section 173(2) Cr.P.C., he was not arrested by the investigating officer, however, he also cooperated in the investigation.

It is further submitted that applicant is not having any criminal history and will cooperate in the trial as he has cooperated in the investigation. Thus, protection from arrest be granted to him, more so, on the ground that co-accused Ashok Kumar Pandey @ Babbu Pandey, whose role in the incident is graver than the role of the instant applicant, has been granted facility of anticipatory bail vide order dated 11.01.2023 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 59 of 2023.

Learned A.G.A. on the other hand opposes the prayer of the anticipatory bail application of the applicant.

Shri Girish Kumar Tiwari, learned counsel for the informant/complainant vehemently opposes the prayer of anticipatory bail application of the applicant and submits that he be given an opportunity to file a detailed counter affidavit.

Let counter affidavit as requested by learned counsel for informant/complainant may be filed till the next date of listing.

List this case on 28.04.2023, by which date counter affidavit may be filed by the learned counsel for the informant/complainant.

It is further provided that till the next date of listing in the event of arrest of the applicants- Aditya @ Shubham Pandey and Vipin Kumar involved in the above noted case, they shall be released on anticipatory bail on their furnishing personal bond of Rs. 50,000/- each with two sureties each in the like amount to the satisfaction of the trial court/Station House Officer of the Police Station concerned/ Investigating Officer with the following conditions:

(1) The applicants shall make himself available for interrogation or for discovery of any fact by a police officer as and when required;

(2) 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;

(3) The applicants shall not leave the territory of India without the previous permission of the Court.

List as directed on 28.04.2023."

It is submitted that He further submits that the applicants have cooperated in the investigation. Charge sheet has been filed. He undertakes on behalf of the applicants that the applicants shall cooperate in the trial.

Learned A.G.A. has opposed the prayer made by the applicant's counsel.

Without expressing any opinion on the merits of the case and considering the nature of accusation and the applicant having no criminal antecedents, the undertaking given on behalf of the applicant that he shall cooperate in the trial , the co-accused Ashok Kumar Pandey alias Babbu Pandey has been enlarged on anticipatory bail vide order dated 11.1.2023, passed in Anticipatory Bail No.59 of 2023, I am of the opinion that in the event of arrest/surrender before the concerned court, the applicants are entitled to be enlarged on anticipatory bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to his cooperation in the trial.

In view of the above as also keeping in view of the judgment in Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC OnLine 98, the accused applicants are directed to surrender before trial court if they are summoned to face trial for offence in question after filing of the charge sheet. In the event of arrest/surrender before the concerned court, the accused applicants shall be enlarged on anticipatory bail by the trial court on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial Court, with the following conditions.

(i) The applicants Aditya alias Shubham Pandey and Vipin Kumar 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 tamper with the evidence;

(ii) The applicants shall not leave India without the previous permission of the court;

(iii)The applicants shall not pressurize/ intimidate the prosecution witness;

(iv)The applicants shall appear before the trial court on each date fixed unless personal presence is exempted;

(v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;

Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.

It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.

In view of the aforesaid, the anticipatory bail application is allowed on the ground of parity.

Order Date :- 28.4.2023

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