Allahabad High Court
Ashok Kumar Pandey @ Babbu Pandey vs State Of U.P. Thru. Prin. Secy. ... on 8 August, 2023
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:53049
Court No. - 16
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 59 of 2023
Applicant :- Ashok Kumar Pandey @ Babbu Pandey
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another
Counsel for Applicant :- Sachin Tiwari
Counsel for Opposite Party :- G.A.,Girish Kumar Tiwari,Manoj Kumar
Hon'ble Subhash Vidyarthi,J.
On 11.01.2023, after hearing the learned counsel for the applicant and the learned A.G.A. this Court had passed the following interim order -
"The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No. 224/2019, under Section 307/452/506/193/420/467/468/471 I.P.C., P.S. Khandasa, District Ayodhya.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Learned counsel for the applicant submits that it is a case of no injury. The applicant has been falsely implicated at the instance of the second wife of the father of the applicant. The F.I.R. is also a counter blast to the complaint case No. 544/2019 "Ashok Kumar Pandey Vs. Kuldeep Shukl" filed by the applicant against the complainant.
It has been further submitted that the applicant has explained the criminal history of four cases. Out of which three cases have been lodged by the same complainant only to malign is reputation. The charge sheet in this case has been filed. He has cooperated in the investigation and after recording the statement of the complainant and the other prosecution witnesses, the police report was filed.
Learned counsel for the applicant submits that only after rejection of anticipatory bail application on 19.11.2022 by the learned Sessions Judge, the non-bailable warrants have been issued and the bailable warrants were issued during pendency of the anticipatory bail application.
Issue notice to respondent No. 2.
Learned Addl. Government Advocate prays for and is allowed 15 days' time to file counter affidavit.
List on 09.02.2023.
On due consideration to the argument advanced as well as perusal of the record, so also the fact it is a case of no injury and earlier, the applicant has filed a complaint case against the same complainant and this F.I.R. is in retaliation thereto 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."
Although counter and rejoinder affidavits have been filed, nothing 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 applicant.
In view of the aforesaid circumstances, the interim order dated 11.01.2023 is hereby made absolute and the application is allowed in terms of the aforesaid order.
(Subhash Vidyarthi J.)
Order Date :- 8.8.2023
A.Nigam
