Allahabad High Court
Hargovind Yadav vs State Of U.P. Thru. Prin. Secy. ... on 7 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. - 286 of 2023
Applicant :- Hargovind Yadav
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrett. U.P. Lko. And Another
Counsel for Applicant :- Diwakar Singh
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.837 of 2019 under sections 379 I.P.C., 4/21 of Mines and Minerals (Development and Regulation) Act, 1957, 3/5 of Prevention of Damages to Public Property Act, 1984 and 3/57/70 of U.P. Sub Mineral (Concession) Manual-1963, P.S. Kotwali Ayodhya, district Ayodhya.
Heard learned counsel for the applicant and learned A.G.A. for the State.
In the prosecution case, it is alleged that that the District Magistrate, Ayodhya conducted raid on 16.12.2019 for illegal mining of the sand and arrested one Nate alias Vijai Yadav who along with two tractors loaded with sand were found doing illegal mining.
It is submitted on behalf of the applicant that the applicant is not named in the first information report. His name has surfaced in the confessional statement of co-accused Virendra Yadav. The applicant has not been arrested from the spot and nothing incriminating has been recovered from him. Tractor of the father of the applicant has been seized much after the first information report was lodged, on 24.1.2020 from petrol pump. There is no independent witness of the so-called raid.
It is next submitted that that the applicant has cooperated in the investigation. Charge sheet has been filed and the court below has taken cognizance also under section 4/21 of Mines and Minerals (Development and Regulation) Act, 1957 and 3/57/70 of U.P. Sub Mineral (Concession) Manual-1963 in view of specific bar provided under section 22 of Mines and Minerals (Development and Regulation) Act, 1957.
He undertakes on behalf of the applicant that the applicant shall cooperate in the trial.
Learned A.G.A. has opposed the prayer made by the applicant's counsel, however, could dispute the fact that there is a bar under section 22 (supra) for taking cognizance.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the applicant having no criminal antecedents, as also section 22 of the Mines and Minerals (Development and Regulation) Act, 1957, 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 :- 7.2.2023
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