Vishal Mishra And Anr. vs State Of U.P. Through Principal ...
2023 Latest Caselaw 13864 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. - 1039 of 2023
 

 
Applicant :- Vishal Mishra And Anr.
 
Opposite Party :- State Of U.P. Through Principal Secretary Home And Anr.
 
Counsel for Applicant :- Angrej Nath Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

1. The present anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant apprehending his arrest in case crime No./FIR No.0542/2022 under Sections 147,149,452,323,504,506,447,379,327 I.P.C., Police Station Kotwali Dehat, District Gonda.

2. Heard learned counsel for the applicants and learned Additional Government Advocate for the State. Notices to respondent no.2 is dispensed with.

3. Learned counsel for the applicants submits that it is a case of false implication. Applicant no.1 sustained head injury due to the assault made by the complainant, regarding that NCR was registered. As a counter blast an application under Section 156(3) Cr.P.C. was given by the complainant upon which the police report was sought. The report of the police is against the complainant and offence is not found to have been made still the F.I.R. has been directed to be lodged. The applicant has explained the criminal history.

4. Learned counsel for the applicants undertakes that the applicants shall cooperate in the investigation.

5. Learned Addl. Government Advocate has opposed the application.

6. Considering the above aspects of the matter and perusal of the record prima facie it appears to be case of false implication, as also 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 protection to the applicant under Section 438 Cr.P.C.

7. In view of the above, the application for anticipatory bail is allowed. It is provided that in the event of arrest, the applicants shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned.

8. The applicants shall cooperate in the investigation and he will not influence the witnesses. The accused-applicants will appear before the Investigating Officer within 20 days from today and shall further remain present as and when the arresting officer /I.O./ S.H.O. concerned call (s) for investigation/interrogation. The applicants shall not leave India without previous permission of the Court. In case of default, it would be open for the investigating agency to move application for vacation of this interim protection.

Order Date :- 2.5.2023

Madhu