Allahabad High Court
Rajaram @ Rajaram Singh And ... vs State Of U.P. And Another on 24 August, 2023
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:170949
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9232 of 2023
Applicant :- Rajaram @ Rajaram Singh And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Mohit Singh,Kaushal Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
1. Heard learned counsel for the applicant and learned Additional Government Advocate for the State.
2. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Complaint Case No. 6684 of 2022, under Sections 392, 323, 504, 506 IPC, P.S. Chandausi, District Sambhal till conclusion of trial.
3. Learned counsel for the applicant submits that applicant has been falsely implicated in the present case. He next submits that on the application under Section156(3) Cr.P.C. filed by opposite party no. 2, which was treated as complaint, the applicants have been summoned vide order dated 20.4.2023. It is alleged that the said complaint was filed by the Village Pradhan/opposite party no. 2 against the illegal encroachments made by the applicants over-which applicant no. 1 is said to have started quarreling with the complainant, regarding which a case was also earlier registered against the applicants. It is alleged that on 5.11.2022, while the complainant was going, the applicant no. 1 is said to have opened fire upon him and applicant no. 2 snatched his golden chain. It is further submitted that the applicant no. 1 is a retired Bank Manager aged about 74 years and applicant no. 2 is a software engineer and the entire allegation against the applicants is false and concocted. There is no credible evidence against them. The applicants undertake to co-operate during proceedings before the Court below and trial and they would appear as and when required by the Court. It has been stated that in case, the applicants are granted anticipatory bail, they shall not misuse the liberty of bail and will co-operate during proceedings before the Court below and would obey all conditions of bail.
4. Learned A.G.A. for the State has opposed the prayer for anticipatory bail of the applicants.
5. On due consideration to the arguments advanced by learned counsel for the applicants as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1. The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
6. In view of the above, the anticipatory bail application of the applicants is allowed.
7. Let the accused-applicants Rajaram @ Rajaram Singh and Tarun Kumar @ Tarun Kumar Parashar be released forthwith in the aforesaid complaint case on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
1. The applicants shall not leave India during the currency of trial without prior permission from the concerned trial Court.
2. The applicants shall surrender his passport, if any, to the concerned trial Court forthwith. His passport will remain in custody of the concerned trial Court.
3. That the applicants 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 them from disclosing such facts to the Court or to any police officer;
4. The applicants shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicants.
5. In case, the applicants misuse the liberty of bail, the trial Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal and others Vs State (NCT of Delhi) and another, (2020) 5 SCC 1.
6. The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against them in accordance with law."
8. With the aforesaid directions, this application stands disposed of finally.
Order Date :- 24.8.2023
RavindraKSingh
