Allahabad High Court
Om Prakash Shukla Anticipatory ... vs State Of U.P. on 6 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. - 3531 of 2020
Applicant :- Om Prakash Shukla Anticipatory Bail
Opposite Party :- State of U.P.
Counsel for Applicant :- Suresh Kumar Upadhyay
Hon'ble Karunesh Singh Pawar,J.
Heard learned Counsel for the applicant and learned A.G.A. for the State/respondent as well as perused the record.
This Court vide order dated 16.6.2020 granted interim protection to the applicant. It has been informed by learned A.G.A. that charge-sheet has been filed.
Learned counsel for the applicant submits that the applicant has not misused the protection granted by this Court. The applicant has no previous criminal history. The applicant is 65 years old and is presently a cancer patient. The admitted case of the prosecution is that no dangerous weapons or means were used for assault. No specific role has been assigned to any of the accused persons.
Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial and shall not misuse the liberty of bail, if granted.
Learned A.G.A. has opposed the bail application, however, could not dispute the fact that no dangerous weapon was used in the incident.
On due consideration to the arguments advanced, perusal of the record, prima facie it appears that the applicant is 65 years old, had not misused the liberty earlier granted by this Court, has no criminal antecedent. Except Sita Devi no one has suffered injury on vital part of the body. Sita Devi has suffered fracture on temporoparietal region. The story in the First Information Report that farsa was used and by that injuries were caused is not corroborated by the medical report whereupon no injuries by sharp edged weapon have been found. Accordingly, this court is of the opinion that it would be expedient in the interest of justice that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.
It is needless to say that the applicant shall cooperate with the investigation properly, failing which the protection being given by this order may not be available to him any further.
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 interim order dated 16.6.2020 is affirmed. However, 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 the same bail bond(s) as executed by him consequent to the order passed by this Court, as extracted above, subject to his satisfaction 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.
It is further made clear that in case accused applicant has not been arrested during investigation he shall be released on bail as directed above, on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court.
In view of the aforesaid, the application is allowed.
Order Date :- 6.1.2023
Madhu
