Dinanath @ Dinanath Chauhan And ... vs State Of U.P. And Anr.
2023 Latest Caselaw 463 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6228 of 2020
 

 
Applicant :- Dinanath @ Dinanath Chauhan And Anr.Anticipatory Bail
 
Opposite Party :- State Of U.P. And Anr.
 
Counsel for Applicant :- Sajjad Husain
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

The applicants Denanath alias Dinanath Chauhan and Rajju alias Raju have moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in case crime No.0155 of 2020 under sections 323, 504, 308 I.P.C., P.S. Dhanepur, district Gonda.

Heard learned counsel for the applicants and learned A.G.A. for the State.

Vide order dated 4.9.2020, the applicant was granted interim protection by a coordinate Bench of this Court whereby no coercive action was directed to be taken against the applicants. .

It is submitted that the applicants have not misused the liberty granted by this court. Charge sheet in the case has been filed. They have cooperated in the investigation. It is further submitted that due to rival dispute, the applicants have been implicated. No fatal injury has been caused to the injured. The allegations levelled against the accused persons are general in nature. No specific allegation has been made against the applicants. The applicants were not present at the time of the incident on the spot. Learned counsel undertakes that in case the applicants are allowed bail, 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 having no criminal antecedents, coupled with the undertaking given by the applicant that they will cooperate in the investigation/trial, the applicants are entitled to be released on bail in this case.

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 charge sheet has been filed and they are summoned to face trial for offence in question. The accused applicants shall be released on bail by the trial court on furnishing a personal bond with two sureties each in 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 application is disposed of.

Order Date :- 5.1.2023

kkb/