Allahabad High Court
Mahanth Kumar Pandey @ Mahanth ... 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:53070
Court No. - 16
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 195 of 2023
Applicant :- Mahanth Kumar Pandey @ Mahanth Pandey
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another
Counsel for Applicant :- Raghvendra Singh,Anil Kumar Tiwari
Counsel for Opposite Party :- G.A.,Prem Kumar Singh
Hon'ble Subhash Vidyarthi,J.
On 28.01.2023, 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. 299/2021, under Sections 323/324/504/506/308 I.P.C., P.S. Chhapia, District Gonda.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Learned counsel for the applicant submits that due to old enmity maar peet took place between both sides. Both sides have sustained injuries. He submits that the applicant is innocent and there are general allegations levelled by all three injured and except injury no. 1 of Narendra Pandey, all injuries are simple in nature. No injured witness has assigned any specific role to any of the accused persons. Cross case was filed from the side of the applicant titled as State Vs. Kavindra Kumar Pandey, F.I.R. No. 300/2021, under Section 323/504/506 I.P.C., P.S. Chapiya, District Gonda. It is further submitted that persons of applicant side were the aggressor. Charge sheet has been filed in this case.
Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial.
Issue notice to respondent No. 2.
Learned Addl. Government Advocate prays for and is allowed ten days' time to file counter affidavit.
List on 27.02.2023.
On due consideration to the argument advanced as well as perusal of the record and the fact that cross cases have been filed by both sides, general allegations of assault have been assigned by all three injured persons; no specific role of assault has been assigned to any of the accused persons; the applicant has explained the criminal history of one case, 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.
The applicant shall cooperate in the trial and he will not influence the witness. The applicant shall not leave India without previous permission of the Court. Any other reasonable conditions which trial court may deem fit and proper can also be imposed."
While granting interim anticipatory bail to the applicant, notice was issued to the opposite party no. 2. Although opposite party no. 2 has put in appearance through learned counsel, but no counter affidavit has been filed on his behalf.
The State has filed a counter affidavit, but 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.
Learned counsel for the applicant has submitted that the applicant has already furnished bail-bonds in compliance of the interim order. He has further submitted that two co-accused persons- Hariram Pandey and Dinesh Pandey have been granted anticipatory bail by means of order dated 19.07.2023 passed by this Court in Criminal Misc. Anticipatory Bail Application Nos. 23 of 2023 and 215 of 2023.
In view of the aforesaid circumstances, coupled with the fact that two co-accused persons have already been granted anticipatory bail, the interim order dated 28.01.2023 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
