Allahabad High Court
Aravind Lal And Another vs State Of U.P. ... on 1 August, 2023
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:50746
Court No. - 16
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 65 of 2023
Applicant :- Aravind Lal And Another
Opposite Party :- State Of U.P. Thru.Prin.Secy.Home Lko. And Another
Counsel for Applicant :- Manoj Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1. On 12.01.2023, after hearing the learned counsel for the applicant and the learned A.G.A. this Court had passed the following interim order -
"Heard learned counsel the applicants and learned A.G.A. for the State.
The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime/F.I.R No. 799/2020, under Section 306 I.P.C., P.S. Kotwali Nanpara, District Bahraich.
As per the prosecution case, an F.I.R. has been lodged by the father of the deceased who was cane supervisor and on the saying of the SCDI he has reduced the satta/supply ticket of sugar cane of the accused persons. As a result thereof, they were mentally torturing the deceased and consequently having left no other alternative, on 03.12.2020, he consumed poison and he died on 07.12.2020 in Sahara Hospital, Lucknow. The suicide note was found in his clothes.
Learned counsel for the applicants submits that occurrence has taken place on 03.12.2020. The deceased has died on 07.12.2020 and after 21 days of delay, the F.I.R. has been lodged on 31.12.2020. It is further submitted that since the deceased illegally has cancelled the supply tickets of the applicants as well as other cane growers, therefore, they made a complaint in the department against the deceased and that complaint was found to be substantiated and accordingly, the deceased was transferred. This fact has come in the rejection order.
It is further submitted that there are no ingredients to attract section 306 I.P.C. The applicants have no criminal antecedents and they undertake to cooperate in the investigation.
Learned counsel for the applicants submits that the applicants are not a previous convict; they have no criminal antecedents and they undertakes to cooperate in the investigation.
Issue notice to respondent No. 2.
Learned Addl. Government Advocate prays for and is allowed 15 days' time to file counter affidavit.
List on 10.02.2023.
Considering the above aspect of the matter, perusal of the record as well as the fact that the applicants have no criminal antecedents; they have undertaken to cooperate in the investigation; prima facie the ingredients to constitute the abetment are missing and the applicants are undertaking to cooperate in the investigation as also the judgment of Apex Court passed in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant interim protection to the applicants under Section 438 Cr.P.C.
Till the next date of listing, it is provided that in the event of arrest, the applicants namely Aravind Lal and Jai Prakash, shall be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned.
The applicants shall cooperate in the trial and they will not influence the witness. The accused-applicants will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicants shall not leave India without previous permission of the Court.
In case of default, it would be open for the investigating agency to move application for vacation of this interim protection."
2. Office has reported that the opposite party no. 2-Om Prakash Jaiswal had died on 19.06.2021.
3. No counter affidavit has been filed on behalf of the State nor anything has come to light, which may persuade this Court to take a view, different from the view taken while passing the aforesaid order, nor the learned A.G.A. has pointed out violation of any of the conditions of interim anticipatory bail committed by the applicants.
4. In view of the aforesaid circumstances, the interim order dated 12.01.2023 is hereby made absolute and the application is allowed in terms of the aforesaid order.
Order Date :- 1.8.2023
Pradeep/-
