Allahabad High Court
Ravindra Kumar Pandey Alias Babu vs State Of U.P. Thru. Prin. Secy. ... on 3 May, 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. - 1034 of 2023
Applicant :- Ravindra Kumar Pandey Alias Babu
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
Counsel for Applicant :- Amar Singh
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. 516/2022 under Sections 147, 148, 149, 323, 504, 506, 307 I.P.C., Police Station Kotwali Dehat, District Gonda.
2. Heard learned counsel for the applicants and learned Additional Government Advocate for the State.
3. Notice to respondent no.2 are dispensed with in view of the proposed order.
4. Learned Counsel for the applicant submits that in the First Information Report, 13 persons are named and 10 are unnamed. Three persons are said to be injured. As per the injury report of the injured they have sustained simple injuries. Role of throwing grenade has been assigned to the co-accused persons by all the three injured persons. The applicant and the other co-accused persons have been asigned role of assault by lathi. The applicant has explained the criminal history of two cases in paragraph 25 of the bail application..
5. Learned counsel for the applicants undertakes that the applicants shall cooperate in the investigation.
6. Learned Addl. Government Advocate has opposed the bail prayer and submitted that order for issue process under 82 Cr.P.C. has been issued against the applicant on 5.4.2023, therfore, anticipatory bail application is not maintainable.
7. Learned counsel for the applicant, in rebuttal, has submitted that anticipatory bail application has been filed before the Sessions Judge on 28.3.2023 and it has been rejected on 11.4.2023. During pendency of the anticipatory bail application the Investigating Officer has adopted a circumventive exercise to negate the right of the applicant. To support his arguments he has relied upon the judgement of coordinate Bench of this Court passed in Cri. Misc. Anticipatory Bail Application No.1327 of 2022, Anurag Dubey vs. State of U.P.
8. Considering the above aspects of the matter; perusal of the record; so also the fact that investigation is in progress; general role has been assigned to the applicant and injured has sustained simple injuries; possibility of false implication to the applicant cannot be ruled out; as well as judgment of 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.
9. In view of the above, the application for anticipatory bail is allowed. It is provided that till filing of the police report under Section 173 Cr.P.C., 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.
10. 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 :- 3.5.2023
Madhu
