Allahabad High Court
Ram Praksh vs State Of U.P. Thru. Addl. Chief ... on 1 March, 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. - 49 of 2023
Applicant :- Ram Praksh
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Dept. Home Civil Secrett. Lko. And Another
Counsel for Applicant :- Lakshmana Singh
Counsel for Opposite Party :- G.A.
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.120 of 2021 under sections 147, 308, 323, 504, 506 I.P.C., P.S. Kotwali Musafirkhana, district Amethi.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Vide order dated 17.1.2023, the applicant was granted interim protection by a coordinate Bench of this Court. Gist of the issue involved in the present matter is given in the said order, which is extracted below :
"Supplementary Affidavit filed by learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the respondent/State as well as as well as perused the record.
Issue notice to respondent no.2 returnable at an early date.
Learned counsel for the applicant submits that in the First Information Report as well as in the statement of the injured, general role of assault has been leveled on all the accused persons, which are five in number. The applicant has explained the criminal history. He submits that at the time of examination in District Hospital Sultanpur on 26.4.2021 at 3.55 a.m. though he was referred to the CGHS Musafirkhana, however, the injured was not taken there rather was taken to private hospital.
Further it has been submitted by the applicant that injury report of the applicant is not corroborating to the present occurrence as it is highly improbable that someone has received injury in the skull still wait for admission for a period of four days.
It has been next submitted that the injured has received injury in some other incident and has falsely implicated the applicant by assigning general role due to enmity. The applicant has no criminal history. Charge-sheet in the case has been filed. The applicant undertakes to cooperate in the trial.
Learned A.G.A. for the respondent/State has opposed the bail prayer, however, does not dispute that the applicant has cooperated in the investigation.
On due consideration to the argument advanced, perusal of the record; so also charge-sheet has been filed; the applicant has cooperated in the investigation; he has further undertaken to cooperate in the trial and also general role has been assigned to all the accused person., 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.
In view of the above, since, charge-sheet in the matter has been filed, till the next date of listing, the accused applicant is directed to surrender before trial court, if he is summoned to face trial for offence in question. The accused applicant shall be released on bail by the trial court on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court concerned 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.
List on 15.2.2023.
In the meantime learned A.G.A. may file Counter Affidavit. "
It is submitted that the applicant has cooperated in the investigation. Charge sheet has been filed. He has not misused the interim protection granted by this court. He undertakes on behalf of the applicant that the applicant 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 merit of the case and considering the nature of accusation and the applicant having no criminal antecedents, the undertaking given on behalf of the applicant that he shall cooperate in the trial , general role has been assigned to all the accused persons, I am of the opinion that in the event of arrest/surrender before the concerned court, the applicant is entitled to be enlarged on anticipatory 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 as also keeping in view of the judgment in Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC OnLine 98, 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. In the event of arrest/surrender before the concerned court, the accused applicant shall be enlarged on anticipatory 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 :- 1.3.2023
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