Allahabad High Court
Aviral Singh @ Vishal Singh vs State Of U.P. And Ors. on 25 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. - 13409 of 2021
Applicant :- Aviral Singh @ Vishal Singh
Opposite Party :- State Of U.P. And Ors.
Counsel for Applicant :- Rajendra Prasad Mishra
Counsel for Opposite Party :- G.A.,Uma Kant Verma
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.268 of 2021, under Sections 186, 332, 353, 392, 504 and 506 IPC, Police Station Kotwali Nagar, District Balrampur.
Heard learned counsel for the applicant and learned A.G.A. for the State as also learned counsel for private respondent(s) who have opposed the bail.
Gist of the issue involved in the present anticipatory bail application is given in order dated 23.11.2021, which is extracted below :
"Mr. Umakant Verma, Advocate has filed Vakalatnama on behalf of the first informant, which is taken on record.
Heard learned counsel for applicant, learned counsel for first informant and learned A.G.A. for the State and perused the material available on record.
The present anticipatory bail application under Section 438 Cr.P.C. has been filed for grant of anticipatory bail as the accused-applicant is apprehending his arrest in connection with Case Crime No. 268 of 2021, under Sections 186, 332, 353, 392, 504 and 506 IPC, Police Station Kotwali Nagar, District Balrampur.
Learned counsel for applicant has submitted that the applicant is innocent and has falsely been implicated in this case. Further submission is that earlier an FIR was lodged by one Sanatan Dev Tripathi on 10.10.2021 and the same alleged incident present FIR was also lodged by Constable Kanhaiya Lal. It is further submitted that injuries received by the injured are simple in nature.
Learned A.G.A. for the State and Mr. Umakant Verma learned counsel for first informant opposed prayer for anticipatory bail.
The matter requires consideration.
List in the week commencing 06.12.2021.
In the meantime, learned A.G.A. for the State as well as learned counsel for first informant may file objection/counter affidavit.
Having regard to the facts and circumstances of the case, I am of the considered view that as an interim measure, the applicant- Aviral Singh alias Vishal Singh could be granted the facility of anticipatory bail. Thus, as an interim measure, it is provided that till the next date of listing, in the event of the arrest of the applicant namely Aviral Singh alias Vishal Singh in the aforesaid case, he shall be released forthwith by the Station House Officer of the Police Station concerned or the Investigating Officer as the case may be on their furnishing a personal bond of Rs. 50,000/- on following conditions.
(1) The applicant shall make himself for interrogation by a police officer as and when required;
(2) 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 to any police officer;
(3) The applicant shall not leave the District concerned without the previous permission of the Court."
Considering the fact that the parties have contested the civil suit, earlier first information report was lodged by Sanatan Tripathi on the same date for the same incident between a gap of few minutes, the applicant has explained the criminal history, he has cooperated in the investigation and further undertakes to cooperate in the trial and without expressing any opinion on the merit of the case, 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 his cooperation in the trial.
In view of the above. 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 :- 25.1.2023
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