Allahabad High Court
Santosh Alias Yadvendra Dhar vs State Of U.P. on 7 August, 2023
Bench: Nalin Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:160313
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8801 of 2023
Applicant :- Santosh Alias Yadvendra Dhar
Opposite Party :- State of U.P.
Counsel for Applicant :- Maya Pati Pandey
Counsel for Opposite Party :- G.A.,Surendra Prasad Yadav
Hon'ble Nalin Kumar Srivastava,J.
1. This application has been moved on behalf of the applicant - Santosh alias Yadvendra Dhar seeking anticipatory bail in Case Crime No.0019 of 2023, under Sections 147, 148, 149, 323, 324, 504, 308, 307 IPC, Police Station Pathara Bazar, District Siddharth Nagar.
2. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the record.
3. Prosecution story, as unfolded in the F.I.R., is that a number of 12 accused persons including the present applicant came to the house of the informant and with intention to kill, made an assault with the aid of lathi, danda and sharp-edged weapon upon the informant Ram Lakhan, Gopi, Rajaram and Phoolchand on 26.3.2023 at about 7:30 P.M. and they sustained grievous injuries. F.I.R. was lodged on 27.3.2023 and investigation started, which is going on.
4. It has been argued by the learned counsel for the applicant that applicant is innocent and he has apprehension of his arrest in the above-mentioned case, whereas there is no credible evidence against him. Allegations levelled against the applicant are false. He has been falsely implicated in this case on account of political rivalry. It is further submitted that no role of assault has been assigned to the applicant in the present case. It is further submitted that medical evidence does not support the prosecution case. It is further submitted that the applicant is having a criminal history of solitary case wherein he has been granted regular bail. There is no other criminal antecedent to the credit of the applicant. He is cooperating with the investigation and as such he is entitled for anticipatory bail.
5. Learned A.G.A. as well as learned counsel for the informant opposed the prayer for anticipatory bail and urged that earlier an F.I.R. under section 302 IPC at case crime no.57 of 2018 was lodged against the applicant wherein it was alleged that the applicant along with other accused persons committed the murder of the minor son of the informant, although charge-sheet was submitted by the police under section 304-A IPC against the applicant in that matter. Thereafter, in the present matter also, an assault was made by the applicant and other co-accused persons with intention to kill the informant and his family members. It is further submitted that medical evidence reveals that four persons have sustained grievous injuries in this matter and fracture & hematoma in the sensitive part of the body has been found in the radiological examination and CT scan report of injured Raja Ram, the son of the informant. It is further submitted that all the injured persons and witnesses have corroborated the prosecution version in the statements given to the I.O. u/s 161 Cr.P.C. and active role of the applicant in the commission of the alleged crime has been proved during the course of investigation so far.
6. I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record carefully.
7. In this matter, the applicant along with other so many co-accused persons made assault upon the informant and his family members with intention to kill, who have sustained grievous injuries on the vital parts of the body. At this stage, no possibility of false implication of the applicant comes into light.
8. In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, the Hon'ble Apex Court has settled the controversy finally by holding the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial.
It has been further held therein that anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till end of trial.
It has been further held by the Hon'ble Apex Court that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, llikelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion.
9. Hence, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion of the merits of the case, in my view, it is not a fit case for anticipatory bail to the applicant till the end of trial. The prayer made in the application is refused.
10. However, it is observed that the bail application of the applicant, if moved, shall be considered and decided by the Court concerned in terms of the law laid down by the Hon'ble Apex Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 825.
It is further directed that the learned court concerned, while considering the bail application of the applicant in the light of Satender Kumar Antil case (supra), shall pass an order strictly in compliance of the directions given in the aforesaid judgment by the Hon'ble Supreme Court, in letter and spirit, particularly complying with the order dated 21.3.2023 of the Hon'ble Apex Court in the aforesaid matter.
11. The anticipatory bail application stands disposed of accordingly.
Order Date :- 7.8.2023
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