Mangal @ Rohit vs State Of U.P.
2023 Latest Caselaw 3467 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7138 of 2020
 

 
Applicant :- Mangal @ Rohit
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Neeraj Kumar Srivastava,Pankaj Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Mr. Neeraj Kumar Srivastava, learned counsel for the applicant and Mr. K.P. Pathak, learned A.G.A. for the State and perused the record.

The present application has been moved seeking anticipatory bail in Case Crime No.206 of 2020, under Sections 307, 332, 353, 342, 186, 336, 224, 504 I.P.C., Police Station-Aurai, District-Bhadohi (Gyanpur), with the prayer that in the event of arrest, applicant may be released on bail.

Earlier, on 03.11.2020, the Coordinate Bench of this Court, while granting interim anticipatory bail to the applicant, has passed following order :-

"This application under Section 438 Cr.P.C. has been filed by the applicant with prayer to grant him anticipatory bail in Case Crime No.206 of 2020, under Sections 307, 332, 353, 342, 186, 336, 224, 225 & 504 IPC, Police Station- Aurai, District- Bhadohi (Gyanpur).

At the very outset, learned AGA has pointed out that applicant has directly approached this Court for anticipatory bail, without moving the same before court below.

In reply, learned counsel for the applicant submitted that there was special reason for approaching this Court for prayer of anticipatory bail which has been explained in para 6 of the affidavit. Reason mentioned in the affidavit is sufficient.

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case. He has not committed the offence as alleged. Local police is harassing him and there is apprehension of his arrest by the police anytime. Learned counsel for the applicant submitted that the co-accused persons of this case having identical role have been granted interim anticipatory protection by this Court. In case, the applicant is released on anticipatory bail he will not misuse the liberty of bail.

Learned AGA submits that he has no instruction in this matter and he prays for and is granted two weeks' time to obtain instruction/file counter affidavit.

As an interim protection till the next date fixed for final hearing on this application, the applicant is granted anticipatory bail in the aforesaid case and in the event of arrest of the applicant- Mangal @ Rohit, he shall be released on anticipatory bail in the aforesaid case crime on his furnishing a personal bond of Rs.25,000/- with two sureties each in the like amount to the satisfaction of Station House Officer of the police station concerned, subject to following conditions:-

(i) The applicant shall make himself available for interrogation by a police officer as and when required.

(ii) The applicant shall not directed or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police office.

(iii) The applicant shall not leave India with the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.

(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

The applicant is directed to produce a computer generated copy of this order downloaded from the official website of Allahabad High Court, before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. The concerned authority shall also verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

List in the week commencing 11th January, 2021 along with Criminal Anticipatory Bail Application u/s 438 Cr.P.C. No.7047 of 2020 for final hearing. "

Learned counsel for the applicants submits that applicant is innocent and has been falsely implicated in the present case and he has an apprehension that he may be arrested in the above mentioned case, whereas there is no credible evidence against him. He further submits that the applicant has always co-operated in the investigation and has not misused the liberty of aforesaid interim anticipatory bail, which was granted to them on 03.11.2020 by the Co-ordinate bench of this Court. He further submits that the entire allegations contained in the FIR is absolutely false and vague as it is a case of no injury. The other co-accused persons, namely, Sonu Kumar Sonkar @ Sonu, Kailash @ Kailash Sonkar and Seema have already been granted interim anticipatory bail till conclusion of trial vide orders dated 22.10.2020 and 27.01.2023 passed in Cri. Misc. Anticipatory Bail Application Nos.7012 of 2020, 7047 of 2020 and 7673 of 2020. Hence, the applicant is also entitled to be enlarged on anticipatory bail. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegation made against him. The circumstances which, as per counsel, led to the false implication of the applicant has also been touched upon length. Learned counsel for the applicant undertakes that he has co-operated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.

Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicants.

On due consideration to the argument advanced by learned A.G.A., perused the entire records and considering the nature of accusations and antecedents of the applicants, the applicant is entitled to be released on anticipatory bail in this case in view of the judgement of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi) reported in (2020) 5 SCC 1". The future contingencies regarding the anticipatory bail being granted to applicants shall also be taken care of as per the aforesaid judgement of the Apex Court.

In view of above, the anticipatory bail application of the applicant is allowed.

Let the applicant-Mangal @ Rohit involved in the aforesaid case crime be released on anticipatory bail till the conclusion of trial on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-

1.The applicant shall not tamper with the evidence during the trial.

2. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.

3. The applicant shall not leave India during the currency of trial without prior permission from the concerned trial Court.

4. The applicant shall surrender their passports, if any, to the concerned trial Court forthwith. Their passports will remain in custody of the concerned trial Court.

5. In case, the applicant misuses 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 v. State (NCT of Delhi) and another, (2020) 5 SCC 1.

6. That the applicant 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 him from disclosing such facts to the Court or to any police officer;

7. The applicant 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 him/her/them in accordance with law.

It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial. In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.

Order Date :- 3.2.2023

Jitendra/-