Allahabad High Court
Shiv Lakhan Yadav vs State Of U.P. Thru. Addl. Chief ... on 28 April, 2023
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 569 of 2023
Applicant :- Shiv Lakhan Yadav
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home And Another
Counsel for Applicant :- Lakshmana Singh
Counsel for Opposite Party :- G.A.,Sachin Kumar Pandey
Hon'ble Karunesh Singh Pawar,J.
The present bail application has been filed by the applicant under Section 438 Cr.P.C. apprehending his arrest in Case Crime No. 120/2021, under Sections 147, 308, 323, 504, 506 of I.P.C., P.S. Kotwali Musafirkhana, District Amethi.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This Court vide order dated 02.03.2023 has passed the following order while granting interim protection to the applicant:-
"The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No. 120/2021, under Sections 147, 308, 323, 504, 506 I.P.C., P.S. Kotwali Musafirkhana, District Amethi.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Learned counsel for the applicant submits that as per the F.I.R. and the statement of the injured, only general role of assault has been levelled on all the accused persons including the applicant. Applicant has no criminal history. The co-accused Ram Prakash has been granted interim protection by this Court vide order dated 17.01.2023 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.49/2023. He further submits that charge-sheet has been filed, applicant has cooperated in the investigation and further undertakes to cooperate in the trial.
Issue notice to respondent No. 2.
Learned Addl. Government Advocate prays for and is allowed 15 days' time to file counter affidavit.
List on 10.04.2023 along with Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.49/2023.
On due consideration to the fact that co-accused Ram Prakash, who was assigned the similar role, has been granted interim protection by this Court as also the fact that general role assigned to the five accused persons and also considering the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C.
Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned with the following conditions:-
(1) The applicant shall cooperate in the trial and he will not influence the witnesses.
(2) The accused-applicant will remain present on each and every date fixed by the trial court.
(3) The applicant shall not leave India without previous permission of the Court."
Learned counsel for the applicant submits that the co-accused Ram Praksh who was assigned the similar role, has been granted anticipatory bail. Learned counsel for the applicant seeks parity with the the order of the co-accused Ram Praksh.
Learned A.G.A. has vehemently opposed the bail application, however, could not dispute the parity claimed by the applicant.
On due consideration to the submissions advanced, perusal of the record so also the fact that the co-accused has been granted anticipatory bail; the applicant has no criminal history; he has cooperated in the investigation and he shall cooperate in the trial, it would be expedient in the interest of justice that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.
In view of the above, since, charge-sheet in the matter has been filed, the accused applicant is directed to surrender before trial court, if he is summoned to face trial for offence in question. The accused applicant shall be released on bail by the trial court on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court concerned with the following conditions:-
(i) 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 tamper with the evidence;
(ii) The applicant shall not leave India without the previous permission of the court;
(iii)The applicant shall not pressurize/ intimidate the prosecution witness;
(iv)The applicant 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 application is allowed on the ground of parity.
Order Date :- 28.4.2023
R.C.
