Allahabad High Court
Radhey Shayam vs State Of U.P. Thru. Prin. Secy. ... 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. - 119 of 2023
Applicant :- Radhey Shayam
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another
Counsel for Applicant :- Diwakar Prasad Tiwari
Counsel for Opposite Party :- G.A., Naveen Kumar Pandey
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.0162/2022 under sections 308, 323, 504 I.P.C., P.S. Katra Bazar, district Gonda.
Heard learned counsel for the applicant and learned A.G.A. for the State as also Mr. Naveen Kumar Pandey, learned counsel for private respondent who has filed vakalatnama today in court which is taken on record.
It is submitted on behalf of the applicant that the occurrence is of 6.5.2022 at 8.30p.m.. Initially, an N.C.R. was registered against four persons including the present applicant. Dring investigation, on the basis of fake medical report and CT Scan of head of the injured, section 308 I.P.C. was added to the case and the said NCR was converted into case crime No.162 of 2022 under sections 323, 308, 504 I.P.C. on 23.5.2022. .
It is next submitted that it is an admitted case of the prosecution that there is an animosity between the parties relating to land dispute. The parties belong to the same family. The applicant is 66 years old. He further submits that the applicant has cooperated in the investigation. Charge sheet has been filed. He undertakes to cooperate in the trial.
Learned A.G.A. has opposed the prayer made by the applicant's counsel.
Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, the undertaking given on behalf of the applicant that he shall cooperate in the trial and gravity of offence, the age of the applicant and general role of assault has been assigned on four persons, I am of the opinion that the applicant is 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 her cooperation in the 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 accused applicant is directed to surrender before trial court if he is summoned to face trial for offence in question after filing of the charge sheet. The accused applicant shall be released on bail by the trial court on his 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 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 anticipatory bail application is allowed.
Order Date :- 19.1.2023
kkb/
