Allahabad High Court
Abhijeet @ Avjeet Kumar vs State Of U.P. Through Principal ... on 20 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. - 170 of 2022
Applicant :-Abhijeet @ Avjeet Kumar
Opposite Party :-State Of U.P. Through Principal Secretary, Department Of Home And Anr.
Counsel for Applicant :-Anuj Dayal,Manish Srivastava,Mohammad Salim Khan
Counsel for Opposite Party :-G.A.,G.A.
Hon'ble Karunesh Singh Pawar,J.
The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No.452 of 2021, under Sections 147, 148, 149, 307, 449, 323, 504, 506, 427 I.P.C., Police Station - Kotwali, District- Sitapur
Heard learned counsel for the applicant and learned A.G.A. for the State.
Vide order dated 9.2.2022 , the applicant was granted interim protection by this Court. Gist of the issue involved in the present matter is given in the said order, which is extracted below :
"Heard Sri Anuj Dayal, learned counsel for the applicant and Sri Prachis Pandey, learned A.G.A.
The present anticipatory bail application has been filed on behalf of the applicant-Abhijeet @ Avjeet Kumar involved in Case Crime No.452 of 2021, under Sections 147, 148, 149, 307, 449, 323, 504, 506, 427 I.P.C., Police Station - Kotwali, District- Sitapur, with the prayer to enlarge him on anticipatory bail
Learned counsel for the applicant submitted that F.I.R. has been lodged alleging general role against all the accused persons. The applicant has falsely been implicated. The role of firing has been assigned to the co-accused Shahrukh by the independent witness Kuldeep and Chotey Lal. The recovery of weapon has been made from Shahrukh. No specific role has been assigned to the applicant. The applicant has no criminal history. The applicant is aged about 19 years. The name of the applicant has been implicated due to village political rivalry. No external injury has been found on the body of the injured. He further submitted that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the investigation and shall make himself available whenever required by the Investigating Officer.
Learned A.G.A. has opposed the prayer for anticipatory bail but could not contradict the aforesaid facts as argued by the learned counsel for the applicant.
Having considered the submissions of learned counsel for the parties and on perusal of record, this Court finds that general role has been assigned to all the accused including the applicant. The applicant has no criminal history. The applicant is aged about 19 years. The alleged weapon has been recovered from Shahrukh. The name of Shahrukh has also been taken by the independent witnesses. Therefore, this court is of the view that the applicant is entitled for interim protection by this Court.
In the event of arrest of the applicant namely Abhijeet @ Avjeet Kumar in the aforesaid case, he shall be released forthwith by the Station House Officer of the police station concerned, on his furnishing personal bond and two sureties of Rs.20,000/- with the following condition:-
(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 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 .
Issue notice to the opposite party no. 2.
Steps be taken within 3 days.
List on 15.3.2022 for final disposal.
In the meantime, counter affidavit may be filed."
It is submitted on behalf of the applicant that the applicant has not misused the liberty granted by this court. Investigation qua the applicant is still going on as per admitted case of the State in the counter affidavit.
Learned counsel further undertakes on behalf of the applicant that the applicant shall further cooperate in the investigation/trial.
Learned A.G.A. has opposed the prayer made by the applicant's counsel, however, he does not dispute the aforesaid fact.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the undertaking given on behalf of the applicant that he shall cooperate in the investigation/trial and gravity of offence, it is a case of no injury and general role has been assigned to all the accused persons, including the applicant, I am of the opinion that in the event of arrest, the applicant is entitled to be enlarged on anticipatory bail in this case in the light of judgment of Supreme Court inSushila Aggarwal and othersvs.State (NCT of Delhi) and another(2020)5 SCC 1, subject to his cooperation in the investigation/trial.
In view of the above as also keeping in view of the judgment in Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC OnLine 98, the order above extracted is affirmed. Till filing of the police report, the applicant shall continue to remain on anticipatory bail on the same bail bonds as directed by this Court vide order extracted above.
The applicant shall cooperate in the investigation/trial 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 order.
In view of the aforesaid, the anticipatory bail application is allowed.
Order Date :-20.2.2023
kkb/
