Allahabad High Court
Pappu And Another vs State Of U.P. on 16 February, 2023
Bench: Sameer Jain
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 965 of 2023
Applicant :- Pappu And Another
Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kr. Srivastava,Sanjay Kr. Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Sanjay Kumar Srivastava, learned counsel for the applicants and Sri Jhamman Ram, learned AGA, for the State.
The instant bail application has been filed on behalf of the applicants with the prayer to release them on bail in Complaint Case (SST) No.18 of 2011, under Sections 392, 323 and 506 IPC, Police Station Derapur, District Kanur Dehat during pendency of the trial.
According to the criminal complaint applicant committed loot of a golden Mangalsutra and Rs. Ten Thousand of informant and also outraged her modesty and made assault upon her.
Learned counsel for the applicants submitted that the present bail application arises from complaint and the complaint case was filed against the applicant and others in the year 2011 and after summoning applicants and others challenged the proceedings of the case before this Court vide Criminal Misc. Application U/s 482 No. 25126 9 of 2012 and this Court 28.8.2012 was pleased to issue notice to the complainant and further proceedings of the present case was stayed. But unfortunately after some time the stay order granted by this Court could not be extended and in view of the judgment of the Apex Court passed in the case of Asian Resurfacing of Road Agency Private Limited and others Vs. Central Bureau of Investigation, 2018 (2) Crime 225 Supreme Court warrant has been issued against the applicant and after that applicant surrendered before the court concerned and applied for bail and his bail application was rejected.
Learned counsel for the applicants further submitted that applicants are in jail since 5.12.2022 in a complaint case and as earlier proceedings of the complaint case had been stayed by this Court,therefore, this ground is sufficient to enlarge the applicants on bail.
Per contra, learned AGA although opposed the prayerfor bail but could not dispute the argument on facts advanced by the learned counsel for the applicants.
I have heard learned counsel for the parties and perused the record of the case.
From the perusal of the record it appears that a criminal complaint was filed against the applicants and others in the year 2011 and applicants challenged the proceeding of the complaint case before this Court and this Court was pleased to issue notice to the complainant and stayed the proceedings of the complaint case but thereafter stay could not be extended and due to the law laid down by the Apex Court in the case of Asian Resurfacing of Road Agency Private Limited and others (supra) warrant has been issued and after that applicants surrendered before the court concerned and applied for bail but their bail application was rejected and Criminal Misc. Application U/s 482 No.25126 of 2012 filed by applicants and others is still ending and the dispute appears to be trivial in nature and applicants are in jail since 5.12.2022.
Therefore, in view of the discussions made above, in my view, applicant is entitled to be released on bail.
Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
Let the applicants-Pappu and Kallu be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicants shall appear before the trial court on the dates fixed, unless their personal presence are exempted.
(ii) The applicants shall not directly or indirectly, make 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 any police officer or tamper with the evidence.
(iii) The applicants shall not indulge in any criminal and anti-social activity.
In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicants.
Order Date :- 16.2.2023
SKM
