Allahabad High Court
Raju Alias Rajesh Yadav vs State Of U.P. Thru. Secy. Dept. Of ... 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. - 314 of 2023
Applicant :- Raju Alias Rajesh Yadav
Opposite Party :- State Of U.P. Thru. Secy. Dept. Of Home Civil Sect. Lko
Counsel for Applicant :- Ram Chandra Dwivedi,Sandip Kumar Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
The present bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in case crime No.216 of 2022 under sections 147, 148, 149, 332, 353, 341, 307, 336, 427, 506, 504 I.P.C. and section 7 Criminal Law (Amendment), Act, P.S. Kotwali Bikapur, district Ayodhya.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State.
Learned counsel for the applicant submits that it is alleged in the prosecution case that 28 named and unknown persons including the applicant placed dead body of one Arjun Yadav who was brutally murdered on 7.6.2022 on the road and staged protesting, raising slogans and demanding compensation from the government and thereby blocked the road. They were armed with hockey stick/rod and started pelting stones on the police personnel, who rushed on the spot as a result of which, the police received injuries.
It is submitted that without identifying the applicant, he has been implicated in this case. It is submitted that the injured has sustained injuries on their legs and hands, i.e. on non-vital parts of the body. The investigation is going on. There is no requirement of custodial interrogation.
The co-accused Jiyalal has been enlarged on anticipatory bail vide order dated 22.11.2022 passed in Anticipatory Bail No. 1291 of 2022. The role of the applicant is similar to that of co-accused Jiyalal.
Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation.
Learned Addl. Government Advocate opposed the prayer for anticipatory bail.
Considering the above aspects of the matter, perusal of the record, the co-accused has been released on anticipatory bail, undertaking given on behalf of the applicant that he shall cooperate in the investigation, 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 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 bail on his furnishing a personal bond 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 accordingly allowed.
Order Date :- 9.2.2023
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