Allahabad High Court

Ramswaroop Second Abail vs State Of U.P. And Anr. on 9 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. - 10044 of 2021
 

 
Applicant :- Ramswaroop Second Abail
 
Opposite Party :- State Of U.P. And Anr.
 
Counsel for Applicant :- Shailesh Kumar Srivastava,Anil Kumar Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the applicant on this second anticipatory bail, the first having been dismissed as not pressed with liberty to file afresh by order dated 27.8.2021 passed in Anticipatory Bail No.9140 of 2021.

By means of this anticipatory bail application, the applicant, who is involved in Case Crime No. 0239 of 2021, under sections 147,148,323 & 308 of the Indian Penal Code, Police Station-Sandana, District-Sitapur is seeking enlargement on bail during the trial.

A coordinate Bench of this Court has passed the following order dated 15.9.2021 :

"This is the Second Anticipatory Bail Application filed on behalf of the applicant. The first Anticipatory Bail application No. 9140 of 2021 of the applicant was dismissed as not pressed with liberty file afresh by this court vide its order dated 27-08-2021.

According to the version in the F.I.R. dated 05-06-2021 is that on 04-06-2021 at about 07.00 p.m. infront of the house of the complainant's sister, the applicant and his family members came and on some dispute, the applicant and his family members started beating the brother of the complainant namely, Prem & Raju.

Learned counsel for the applicant has submitted that the present F.I.R. is an outburst of the F.I.R. lodged by co-accused, Balakram, in the present case, against the informant of the present case and four other accused persons.

It is further submitted that the F.I.R. on the side of the applicant has been lodged on 05-06-2021 at about 01.46 p.m, whereas, the F.I.R. was lodged by the present informant against the applicant and other co-accused persons on the same day at about 01.55 p.m.

It is further submitted that neither any specific role has been assigned to any of the accused persons named in the F.I.R. including the present applicant nor in the statements recorded.

It is further submitted that the other co-accused persons namely, Neeraj Kumar, Balak Ram and Sant Ram have been granted bail by the court below.

It is further submitted that the police is continuously searching the applicant for the arrest.

Learned counsel for the applicant has relied upon the Judgment of the Apex Court in the case of Arnesh Kumar Versus State of Bihar reported in (2014)8 SCC,273 and has placed reliance on section 41-A Cr.P.C.

It is further submitted that firstly the informant and his accomplices had assaulted the family members of the applicant and secondly, they are the aggressors.

It is further submitted that except the injured, Prem, all other persons have received minor injuries.

It is further submitted that applicant is poor farmer.

It is further submitted that the applicant would not repeat the similar offence and the punishment of the offence is of less than seven years.

On contra, learned A.G.A. has opposed the prayer for grant of bail and on the basis of instructions received has submitted that from the F.I.R., an offence is made out against the applicant, but, unable to dispute the submissions raised by learned counsel for the applicant, particularly, the submissions that there is no specific role has been assigned to the applicant and the F.I.R. lodged on the side of the applicant is prior to the F.I.R. lodged by the informant in the present case.

Learned A.G.A. has also failed to dispute the fact that the co-accused persons have been granted bail by the trial court.

After hearing learned counsel for the parties and considering the material available on record, it is found that nature and gravity of the accusation, no exact role has been assigned to the applicant either in the F.I.R. or in the statements recorded and there is no previous criminal history or antecedent of the applicant. As per the affidavit, the applicant is a farmer and there is no possibility or likelihood that the applicant will flee or will not participate or cooperate in the investigation, thus, as per sub. section 2 of Section 438 Cr.P.C., as an interim measure, the anticipatory bail is granted till the next date of listing.

In the event of arrest of the applicant namely Ramswaroop in the aforesaid case, he shall be released forthwith by the Station Officer of the Police Station concerned on his furnishing personal bond of Rs. 25,000/- with the following conditions.

(i) That the accused-applicant shall make himself available for interrogation by police authorities as and when required and will co-operate with the investigation;

(ii) That the accused 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; and

(iii) That the accused applicant shall not leave India without the previous permission of the Court.

However, it is directed that the applicant will join and participate in each and every aspect of investigation and will lend full assistance to the investigating Agency, even with regard to 'discovery of fact' if and when required so by the Investigating Agency.

List this case on 06.10.2021,on which date, this application may be decided finally.

In the meantime, the learned A.G.A. shall file counter affidavit."

Learned counsel for the applicant submits that the present first information report is nothing but a counter blast to the first information report lodged by the applicant. The applicant himself is seriously injured and his injury has not been explained by the prosecution. General role has been assigned to all the accused persons. He submits that other co-accused persons namely Neeraj Kumar, Balak Ram and Sant Ram have been granted bail by the trial court.

The applicant's counsel undertakes that the applicant shall cooperate in the investigation. He has no criminal antecedent.

Learned A.G.A. has opposed the bail prayer, however, he does not dispute the fact that the co-accused persons have been enlarged on bail.

Considering the above aspects of the matter, perusal of the record, the co-accused persons have been enlarged on bail by the trial court, as also 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 filing of the police report, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail on the same personal bond as directed by this court vide order extracted above and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned.

The applicant shall cooperate in the investigation and he will not influence the witnesses. The accused-applicant will remain present as and when the arresting officer /I.O./ S.H.O. concerned call (s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court.

In case of default, it would be open for the investigating agency to move application for vacation of this protection.

The application is allowed.

Order Date :- 9.2.2023

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