Allahabad High Court

Prakash vs State Of U.P. Thru. Prin. Secy. ... on 15 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. - 222 of 2022
 

 
Applicant :- Prakash
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another
 
Counsel for Applicant :- Ram Prakash Singh
 
Counsel for Opposite Party :- G.A.,Ajay Kumar Tripathi,Alok Kr. Misra
 

 
Hon'ble Karunesh Singh Pawar,J.

The present anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant apprehending his arrest in Case Crime No.90 of 2019, under Sections 323, 308 and 325 IPC, Police Station-Umari Begamganj, District-Gonda.

Heard learned Counsel for the applicant and learned A.G.A. for the State/respondent as well as perused the record.

Coordinate Bench of this Court vide order dated 22.2.2022 while granting interim protection to the applicant has passed the following order:-

"Heard learned counsel for the applicant and learned AGA.

This anticipatory bail application under Section 438 Cr.P.C. has been filed by the accused-applicant with the prayer to enlarge him on anticipatory bail in Case Crime No.90 of 2019, under Sections 323, 308 and 325 IPC, Police Station-Umari Begamganj, District-Gonda.

Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. He has further submitted that co-accused Ajay Mishra, having similar role, has been granted anticipatory bail by this Court vide order dated 14.2.2022 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.202 of 2022, therefore, he claims parity. Learned counsel has further submitted that co-accused Ajay Mishra is having criminal history of two cases, whereas there is criminal history of only one case against the present applicant which has been explained in paras 4 & 17 of the application. For the convenience, the order dated 14.2.2022 passed by this Court in the case of Ajay Mishra is being reproduced herein below:-

"Heard, Shri Ram Prakash Singh, learned counsel for the applicant, Shri S.K.Tiwari, learned A.G.A. for the State and perused the record.

This anticipatory bail application under Section 438 Cr.P.C. has been filed by the accused-applicant Ajay Mishra with the prayer to enlarge him on anticipatory bail in Case Crime No.90 of 2019, under Sections 323, 308 and 325 IPC, Police Station-Umari Begamganj, District-Gonda.

The First Information Report has been lodged alleging therein that when the brother of the informant was returning from some party on 16.04.2019 at about 11 in the night the applicant alongwith other co-accused had beaten him with Lathi and Danda, in which he suffered injuries.

Learned counsel for the applicant submitted that in fact the informant alongwith three others had assaulted one Gaurav Singh, in regard to which the First Information Report has been lodged vide case Crime No.0091 on 20.04.2019. He further submitted that since some of the persons from the side of informant had suffered some injuries in the same incident, the instant First Information Report has been lodged against the applicant and other co-accused. Learned counsel for the applicant further submitted that the co-accused Vijay Mishra and Vijay Nath have been enlarged on bail by this court, the copies of bail order are annexed as Annexure no.8 to the application. Learned counsel for the applicant further submitted that the accused of the First Information Report lodged from the side of the applicant vide Case Crime No.0091 of 2019 have been granted anticipatory bail by the Sessions Judge, Gonda by means of order dated 08.08.2019 passed in application No.22 of 2019, a copy of the order is annexed as Annexure no.7 to the application. He further submitted that the charge sheet has already been filed and the applicant was not arrested during the investigation. In case the applicant is granted anticipatory bail he will not flee from the judicial process and cooperate as required. The applicant has disclosed the criminal history in paragraph 4 and 17 of the application, in which the applicant is on bail.

Learned A.G.A. though opposed the prayer for anticipatory bail of the applicant but could not contradict the aforesaid submissions of learned counsel for the applicant.

Having considered the submissions of learned counsel for the parties and on perusal of record it appears that general role of beating by Lathi and Danda has been assigned to the applicant as well as other co-accused. No specific role has been assigned to the applicant. Two co-accused have already been granted bail by this court. A cross case against four persons has also been lodged on behalf of the applicant, in which three persons have been granted anticipatory bail by the Sessions Court. The applicant has sufficiently explained the criminal history. The applicant has not been arrested during investigation. Therefore after considering the contentions of learned counsel for the applicants as well as submissions made by learned A.G.A. and also considering the nature and gravity of accusation, antecedents of the applicant, his undertaking to make him available to the court concerned/authority whenever required, the Court feels satisfied that it would be expedient to grant an interim protection of anticipatory bail in favour of the applicant.

Till the next date of listing, it is provided that in the event of arrest of the accused-applicant Ajay Mishra in Case Crime No.90 of 2019, under Sections 323, 308 and 325 IPC, Police Station-Umari Begamganj, District-Gonda, he shall be released forthwith by the Station House officer of the Police Station concerned, on his furnishing a personal bond and two sureties of Rs.50,000/- each with the following conditions:-

1. That the accused/applicant shall make himself available for interrogation by the police authorities as and when required and will cooperate with the investigation;

2. 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 ;

3. That the accused-applicant shall not leave the country without the prior permission of the Court.

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

List in the week commencing 21st March, 2022.

In the meantime counter affidavit may be filed by the A.G.A."

Learned AGA has opposed the present anticipatory bail application by submitting that all the accused persons have committed serious offence, therefore, they should not be granted anticipatory bail, rather they should approach the learned court below for regular bail. However, on being confronted on the point that co-accused Ajay Mishra, having similar role, has been granted anticipatory bail on 14.2.2022 by this Court, learned AGA has submitted that it is the matter of record, therefore, he has nothing to say on that.

Having heard learned counsel for the parties and having perused the material available on record as well as the order dated 14.2.2022 passed in favour of co-accused Ajay Mishra by this Court, I find it appropriate that the present applicant may be extended the benefit of order dated 14.2.2022 passed in favour of co-accused Ajay Mishra on the basis of principles of parity.

Accordingly, till the next date of listing, it is provided that in the event of arrest of the accused-applicant Prakash in the aforesaid case crime number, he shall be released forthwith by the Station House officer of the Police Station concerned, on his furnishing a personal bond and two sureties of Rs.50,000/- each with the following conditions:-

1. That the accused/applicant shall make himself available for interrogation by the police authorities as and when required and will cooperate with the investigation;

3. That the accused-applicant shall not leave the country without the prior permission of the Court.

List and connect with Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.202 of 2022."

Leaned counsel for the applicant submits that charge-sheet in the matter has been filed. The applicant has cooperated in the investigation. The applicant has not misused the liberty granted by this Court. The co-accused Ajay Mishra, having similar role, has been granted anticipatory bail on 14.2.2022 by this Court.

Learned A.G.A. has opposed the bail prayer.

On due consideration to the arguments advanced; perusal of the record; as also the fact that co-accused has already been granted anticipatory bail, the applicant has explained criminal history of one case and also considering 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 anticipatory bail to the applicant under Section 438 Cr.P.C.

In view of the above, the anticipatory bail application is allowed. It is provided that in the event of arrest, the applicant shall be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:-

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

(ii) That the accused-applicant shall not, directly or indirectly make any inducement, threat and 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.

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

In case of breach of any of the above conditions or in case it is otherwise found for any other reason the bail is required to be canceled, it shall be open for the State or the appropriate authority to move application for cancellation of bail/vacation of this order in accordance with law.

Order Date :- 15.2.2023

Madhu