Allahabad High Court
Rajesh Singh And Another vs State Of U.P. Thru. Prin. Secy. ... on 20 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. - 140 of 2023
Applicant :- Rajesh Singh and Vikram Singh
Opposite Party :- State Of U.P. Thru. Prin. Secy. Dept. Of Home Civil Secrett. Lko. And Another
Counsel for Applicant :- Saharsh Srivastava,Tushar Bhushan,Vivek Bhooshan Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
The applicants have moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No.0384 of 2017 under sections 4 and 21 of Mines and Minerals (Development and Regulation) Act, 1957 and 3(2)(a) of Prevention of Damage to Public Property Act, P.S. Paraspur, Gonda.
Heard learned counsel for the applicants and learned A.G.A. for the State. Notice to respondent No.2 is dispensed with.
It is submitted on behalf of the applicants that as per prosecution case, Lekhpal of the region submitted a written complaint at the police station concerned alleging therein that lease of Gata No.710, Mi/0611, situated in village Rudauli, Tehsil Karnailganj, district Gonda was allotted to Meghnath for mining, however, the lessee Meghnath was doing illegal mining on Gata No.712, situated near river bank on 30mx15mx2m 900 cubic meter.
It is next submitted that the applicants are not named in the first information report. Charge sheet has been filed. The name of the applicants has surfaced on the basis of statement given by Dhhorhe Singh and Swami Prasad. The applicants have no criminal antecedents. He further submits that the applicants have cooperated in the investigation. Learned counsel undertakes that the applicants shall 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 the applicants having no criminal antecedents, the undertaking given on behalf of the applicants that they shall cooperate in the trial and gravity of offence, the applicants are not named in the first information report, 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 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 applicants are directed to surrender before trial court if they are summoned to face trial for offence in question after filing of the charge sheet. 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.
In view of the aforesaid, the anticipatory bail application is allowed.
Order Date :- 20.1.2023
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