Allahabad High Court
Abhishek Pratap Singh @ Abhishek ... vs State Of U.P. on 6 February, 2023
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8590 of 2021
Applicant :- Abhishek Pratap Singh @ Abhishek Kumar Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Manish Singh Chauhan
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No.236 of 2021 under sections 147, 148, 149, 307 I.P.C., P.S. Kamlapur, district Sitapur.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It is submitted on behalf of the applicant that the co-accused Mehul Kumar has been granted anticipatory bail vide order dated 27.11.2021 passed by this Court in Anticipatory Bail No.8586 of 2021. He weeks parity with bail order of Mehul Kumar (supra).
It is next submitted that it is a case of no injury. No one from complainant side received injury. However, from the applicant side, two persons are injured. Their injuries have not been explained by the prosecution. Thus, the prosecution has not come with clean hands. True and correct version of occurrence has been concealed while lodging the first information report. The present first information report has been lodged so as to exert pressure on the applicant. The applicant is not a previous convict.
He further submits that the applicant has cooperated in the investigation. Charge sheet has been filed. He undertakes to cooperate in the trial.
Learned A.G.A. has opposed the prayer made by the applicant's counsel.
Without expressing any opinion on the merits of the case and considering the nature of accusation, it is a no injury case, the undertaking given on behalf of the applicant that he shall cooperate in the trial and gravity of offence, I am of the opinion that the applicant is entitled to be released on bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to his cooperation in the trial.
In view of the above as also keeping in view of the judgment in Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC OnLine 98, the accused applicant is directed to surrender before trial court if he is summoned to face trial for offence in question after filing of the charge sheet. The accused applicant shall be released on bail by the trial court on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial Court, with the following conditions.
(i) 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 tamper with the evidence;
(ii) The applicant shall not leave India without the previous permission of the court;
(iii)The applicant shall not pressurize/ intimidate the prosecution witness;
(iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;
Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.
It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.
In view of the aforesaid, the anticipatory bail application is allowed.
Order Date :- 6.2.2023
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