Allahabad High Court
Dinesh Pandey vs State Of U.P. Thru. Prin. Secy. ... on 19 July, 2023
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:48168
Court No. - 16
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 215 of 2023
Applicant :- Dinesh Pandey
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
Counsel for Applicant :- Raghvendra Singh
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
On 31.01.2023, after hearing the learned counsel for the applicant and the learned A.G.A. this Court had passed the following interim order -
"The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No. 299/2021, under Sections 323/324/504/506/308 I.P.C., P.S. Chhapia, District Gonda.
Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
Learned counsel for the applicant submits that due to old enmity maar peet took place between both sides. Both sides have sustained injuries. He submits that the applicant is innocent and there are general allegations levelled by all three injured and except injury no. 1 of Narendra Pandey, all injuries are simple in nature. No injured witness has assigned any specific role to any of the accused persons. Cross case was filed from the side of the applicant titled as State Vs. Kavindra Kumar Pandey, F.I.R. No. 300/2021, under Section 323/504/506 I.P.C., P.S. Chapiya, District Gonda. It is further submitted that persons of applicant side were the aggressor. Charge sheet has been filed in this case.
It has been submitted that co-accused Hariram Pandey has been granted interim protection by this Court vide order dated 6.1.2023 passed in Cri. Misc. Anticipatory Bail Application No.23 of 2023. The applicant has no criminal history. Specific averment in this regard has been made in paragraph 23 of the Affidavit. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial.
Issue notice to respondent No. 2.
Learned Addl. Government Advocate prays for and is allowed ten days' time to file counter affidavit.
List on 01.03.2023 along with Cri Misc Anticipatory Bail Application U/S 438 CR.P.C. No. 23 of 2023.
On due consideration to the argument advanced as well as perusal of the record and the fact that cross cases have been filed by both sides, general allegations of assault have been assigned by all three injured persons; no specific role of assault has been assigned to any of the accused persons; the applicant is not a previous convict and having no criminal history and also considering the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C.
Therefore, till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned. The applicant shall cooperate in the trial and he will not influence the witness. The applicant shall not leave India without previous permission of the Court."
Although a counter affidavit has been filed, nothing has come to light which may persuade this Court to take a view, different from the view taken while passing the aforesaid order, nor the learned A.G.A. has pointed out any violation of the consideration of interim anticipatory bail committed by the applicant.
In view of the aforesaid circumstances, the interim order dated 31.01.2023 is hereby made absolute and the application is allowed in terms of the aforesaid order.
(Subhash Vidyarthi J.)
Order Date :- 19.7.2023
A.Nigam
