Allahabad High Court
Ram Pyare vs State Of U.P. on 31 March, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 85
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3510 of 2023
Applicant :- Ram Pyare
Opposite Party :- State of U.P.
Counsel for Applicant :- Udit Chandra,Nitesh Patel
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned AGA for the State.
The instant anticipatory bail application has been filed on behalf of the applicant, Ram Pyare, with a prayer to release him on bail in Case Crime No. 140 of 2022, under Section- 3/5 of Prevention of Damage to Public Property Act, , Police Station-Iradat Nagar,, District- Agra,
There is allegation against the applicant of overloading the truck.
The firm of the applicant approached this Court against the FIR by way of Criminal Misc. Writ Petition No. 14892/2022 and the following order was passed.
" Learned counsel for the petitioner submits that the petitioner company is engaged in manufacturing, selling and transportation of crushed stone (Gitti) and sand. It is also supplying the materials to various contractors including HG Infra Engineering Ltd., which is engaged in construction of Ganga Expressway. An order from HG Infra Engineering is taken in bulk and simultaneously, on the demand the same is being sent to HG Infra Engineering Ltd. On 24.8.2022 a vehicle bearing No.MP-07-HB-7046 was loaded with 35.85 cubic meters of 10mm VSI (gitti). The weight of the said vehicle was 54710 tonne and the same is within the permissible limit i.e. 54960. While transporting the material from Madhya Pradesh to Uttar Pradesh, two electronic passes are issued. The vehicle of the petitioner went through two toll plazas of National Highway namely Chounda and Baretha or Jajau. The petitioner has paid toll taxes through its fastag and the vehicle has a GPS tracking device, which clearly shows the aforesaid route. The said vehicle was illegally stopped by the respondent no.4 and was seized by the offices of Mining Department and offices of the Transport Department. After receiving the application of the petitioner, a challan was served upon the petitioner on 06.9.2022 alleging therein that there is an overloading of 11 tonnes and therefore, a penalty of Rs.42,000/- was imposed. It is submitted that once the driver of the petitioner has refused to pay Suvidha shulk to the officers concerned then, the challan in question was issued to the petitioner. Without weighting the vehicle as per procedures prescribed in Motor Vehicle Act, the liability has been imposed upon the petitioner and as such, the entire e-challan so made is in violation of Motor Vehicle Act. The vehicle of the petitioner was underweight. The said vehicles went through two toll plazas of National Highway and the same was cleared by those toll plazas. A bare perusal of the FIR, no criminal offence is made out against the petitioner. Even though the proceedings are pending and neither the charge-sheet nor the final report has been submitted in the present case.
The matter requires consideration.
Learned AGA has accepted notice on behalf of State-respondent nos.1 and 2. Issue notice to respondent no.4 returnable at an early date. Step may be taken within a week.
All the respondents are accorded three weeks time to file counter-affidavit. One week, thereafter, for rejoinder.
Till the next date of listing or till submission of the police report under Section 173(2) Cr.P.C., whichever is earlier, the respondents are restrained to arrest the petitioner pursuant to the impugned F.I.R. subject to cooperation in the on-going investigation."
The counsel for the applicant reiterates the aforesaid arguments and submits that applicant is innocent and offences alleged are not made out against him.
Learned AGA has opposed the prayer for anticipatory bail of the applicant. He has submitted that in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail. The apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear anticipatory bail cannot be granted.
After considering the rival submissions this court finds that there is a case registered/about to be registered against the applicant. It cannot be definitely said when the police may apprehend him. After the lodging of FIR the arrest can be made by the police at will. There is no definite period fixed for the police to arrest an accused against whom an FIR has been lodged. The courts have repeatedly held that arrest should be the last option for the police and it should be restricted to those exceptional cases where arresting the accused is imperative or his custodial interrogation is required. Irrational and indiscriminate arrests are gross violation of human rights. In the case of Joginder Kumar v. State of Uttar Pradesh AIR 1994 SC 1349 the Apex Court has referred to the third report of National Police Commission wherein it is mentioned that arrests by the police in India is one of the chief source of corruption in the police. The report suggested that, by and large, nearly 60 percent of the arrests were either unnecessary or unjustified and that such unjustified police action accounted for 43.2 percent of expenditure of the jails. Personal liberty is a very precious fundamental rights and it should be curtailed only when it becomes imperative. According to the peculiar facts and circumstances of the peculiar case the arrest of an accused should be made.
Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, he is directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant involved in the aforesaid crime be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
1. The applicant shall not leave the country during the pendency of trial without prior permission from the concerned trial Court.
2. The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.
3. That 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;
4. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
5. In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
6. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
In default of any of the conditions, the Investigating Officer/Govt. Advocate/concerned court is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 31.3.2023
Abhishek
