Allahabad High Court
Putti Lal And 2 Ors. vs State Of U.P. And Anr. on 19 January, 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. - 578 of 2021
Applicant :- Putti Lal And 2 Ors.
Opposite Party :- State Of U.P. And Anr.
Counsel for Applicant :- Satyendra Nath Mishra,Dipika Singh
Counsel for Opposite Party :- G.A.,Chandra Bhooshan
Hon'ble Karunesh Singh Pawar,J.
Case called out.
Learned counsel for the applicants and learned A.G.A. for the respondent/State are present.
The present anticipatory bail application is pending since January,2021.
None appears for the complainant.
In view of the statutory provisions under sub-section 5 of Section 438 Cr.P.C. the anticipatory bail application is being decided.
This court vide order dated 19.1.2021 while granting interim protection to the applicants has noted the gist of the controversy. The same is extracted below:-
"1. Heard learned counsel for applicant as well as learned A.G.A.
2. By means of the present application the applicant has prayed applicants may be enlarged on anticipatory bail in the event of their arrest in Case Crime No. 258/2020, Under Sections 147, 323, 504, 506, 188, 269, 304, 325 I.P.C. & Section 3 of Epidemic Act, 1897, P.S. - Goshainganj, District - Sultanpur.
3. It has been contended by the learned counsel for the applicants that there are cross reports of the incident and both sides have received injuries. He submits that four persons have received injuries from the side of prosecution out of which one injured Bindeshwari has died due to anti mortem head injury as per the post mortem report. The author of the said injury is not known. He submits that from the side of applicant also received injuries in the incident by hard and blunt object and there has been an exaggeration in naming the accused-persons on a trivial issue. He submits that at this stage it cannot be determined as to which party was the aggressor. The applicants have no other criminal history, the said fact has been mentioned in para 15 of the affidavit filed in support of this application.
4. He further submits that co-accused, namely [email protected] @ Guddu and Vijay Kumar Nishad @ Goli have already been granted bail vide order dated 16.12.2020 passed by this Court in Bail No. 8229 of 2020, so present applicants may also be granted interim protection.
5. Learned A.G.A. on the other hand opposes the application for anticipatory bail but does not dispute the aforesaid contention.
6. Considering the above aspects of the matter and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicants under Section 438 Cr.P.C. till the next date of listing.
7. Issue notice to opposite party No.2 returnable at an early date.
8. Steps in this regard be taken within three days.
9. Till the next date of listing, accused-applicant, namely, Putti lal, Jagdish @ Jagdish Prasad & Shimbhu @ Shanbhu Lal Nishad in the event of their arrest in connection with aforesaid case crime, shall forthwith be released on bail on furnishing a personal bond and two sureties in the like amount to the satisfaction of the Arresting officer/Investigating Officer/ S.H.O. concerned on the following conditions:-
(i) That the accused-applicants shall make themselves available for interrogation by police authorities as and when required and will cooperate with the investigation;
(ii) That the accused-applicants 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-applicanst shall not leave India without the previous permission of the Court.
10. The papers regarding bail submitted to the police officer on behalf of the accused/applicants shall form part of the case diary and would be submitted to the court concerned along with same at the time of submission of report under Section 173(2) Cr.P.C.
11. Under Part-III, Chapter- XVIII, Rule-18[3(a)] of the Allahabad High Court Rules, 1952 (amended), a copy of the bail application along with its enclosures be provided to the learned A.G.A. by learned counsel for applicant, within two days from today, without fail.
12. Learned A.G.A. prays for and is granted three weeks' time to file counter affidavit.
13. List this case on 22.02.2021."
Learned counsel for the applicants submits that applicants apprehend arrest in Case Crime No. 258/2020, Under Sections 147, 323, 504, 506, 188, 269, 304, 325 I.P.C. & Section 3 of Epidemic Act, 1897, P.S. - Goshainganj, District - Sultanpur.
Learned A.G.A. has opposed the bail application. He further submits that charge-sheet in the matter has been filed.
On due consideration to the fact that cross cases has been filed of the same incident by both the sides; both the sides have received injuries; the applicants have no criminal antecedent; they have not misused the liberty granted by this Court; so also the fact that the other co-accused persons namely Hemraj @ Guddu, Vijay Kumar Nishad @ Goli, Munni Lal @ Maniram @ Manni Lal and Sharughan has been enlarged on regular bail by coordinate Bench of this Court, the copies of which are on record, I am of the opinion that the applicants are entitled to be released on bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to their cooperation in the trial.
In view of the above, the anticipatory bail application is allowed. The accused applicant Putti Lal, Jagdish @ Jagdish Prasad, Shimbhu @ Shambhu Lal Nishad are directed to surrender before trial court if they are summoned to face trial for offence in question. The accused applicants shall be released on bail by the trial court on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial Court, with the following conditions.
(i) The applicants 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 applicants shall not leave India without the previous permission of the court;
(iii)The applicants shall not pressurize/ intimidate the prosecution witness;
(iv)The applicants 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 applicants shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 19.1.2023
Madhu
