Allahabad High Court
Sangram Singh vs State Of U.P. on 13 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. - 14155 of 2021
Applicant :- Sangram Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Apoorv Dev,Abhisar Dev,Manoj Kumar,Prashant Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
The present bail application has been filed by the applicant under Section 438 Cr.P.C. apprehending his arrest in F.I.R./Case Crime No.77 of 2014, under Sections 147, 148, 149, 307, 323, 336, 332, 353, 427, 504, 506 IPC and Section 7 of Criminal Law Amendment Act, Police Station- Hasanganj, District- Lucknow.
Heard learned counsel for the applicant and learned A.G.A. for the State-respondent as well as perused the material available on record.
The co-ordinate Bench of this Court vide order dated 11.03.2022 while granting interim protection to the applicant has taken note of the gist of the controversy, the order is extracted below:-
"Heard Sri Prashant Kumar Singh, learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No.77 of 2014, under Sections 147, 148, 149, 307, 323, 336, 332, 353, 427, 504, 506 IPC and Section 7 of Criminal Law Amendment Act, Police Station- Hasanganj, District- Lucknow, with a prayer to enlarge him on anticipatory bail.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The co-accused Adesh Kumar Shukla has already been granted anticipatory bail by a coordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.11859 of 2021 vide order dated 29.10.2021. The applicant has no criminal history. Absolutely vague allegations have been levelled against the applicant. Learned counsel for the applicant further undertakes that the applicant shall cooperate in the investigation failing which the State can move appropriate application for vacation of the interim protection.
Learned A.G.A. has opposed the prayer for grant of anticipatory bail but could not controvert the submissions raised by the learned counsel for the applicant.
On due consideration to the arguments advanced by the learned counsel for the applicant as well as the learned A.G.A. appearing for the State and also considering the nature of accusations and antecedents of the applicant, the applicant, as an interim measure, is liable to be enlarged on anticipatory bail in view of the Constitution Bench judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98". The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
In the event of arrest, the accused-applicant Sangram Singh shall be released forthwith in the aforesaid case crime (supra) on interim anticipatory bail on furnishing a personal bond of Rs.25,000/- and two sureties each in the like amount to the satisfaction of the S.H.O./court concerned on the following conditions:-
(i) the applicant shall make himself available for interrogation as and when required;
(ii) 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; and
(iii) the applicant shall not leave India without the previous permission of the Court.
Learned A.G.A. prays for and is granted two weeks time to file counter affidavit.
One week time thereafter is granted to the learned counsel for the applicant to file rejoinder affidavit.
List this application on 18.04.2022 in the additional cause list."
Learned counsel for applicant submits that charge-sheet in the case has already been filed and he has been cooperating in the trial. He further submits that the applicant at the time of incident was a student of Lucknow University and he was preparing for the competitive examinations and has no criminal antecedents; applicant is not named in the F.I.R. even the injured has also not named the applicant, the injury on the injured is simple and does not warrant the registration of the case under Section 307 I.P.C.
Learned A.G.A. has opposed the bail prayer.
On due consideration to the submissions advanced, perusal of the record so also considering the fact that the applicant is a student and preparing for civil services, co-accused Adesh Kumar Shukla has been granted anticipatory bail; applicant has no criminal history, he has cooperated in the investigation and he shall cooperate in the trial, it would be expedient in the interest of justice that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.
In view of the above, since, charge-sheet in the matter has been filed, the accused applicant is directed to surrender before trial court, if he is summoned to face trial for offence in question. The accused applicant-Sangram Singh shall be released on bail by the trial court on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court concerned 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 application is allowed.
Order Date :- 13.2.2023
Saurabh Yadav/-
