Siyaram Verma @ Ajeet Bhoore vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 14148 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. - 559 of 2023
 

 
Applicant :- Siyaram Verma @ Ajeet Bhoore
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Another
 
Counsel for Applicant :- Gauri Suwan Pandey,Anita
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

1.The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No.821 of 2014 under sections 147, 148, 307, 149, 323, 504 I.P.C., P.S. Madiaon, district Lucknow.

2.Heard learned counsel for the applicant and learned A.G.A. for the State.

3.Vide order dated 1.3.2023, 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 :

"The present anticipatory bail application has been filed under Section 438 Cr.P.C. by the applicant apprehending his arrest in Case Crime No. 821 of 2014, under Sections 147, 148, 307, 149, 323, 504 I.P.C., Police Station Madiaon, District Lucknow.

Heard learned Counsel for the applicant and learned A.G.A. for the State/respondent as well as perused the record.

Learned counsel for the applicant submits that the applicant has filed anticipatory bail application along with co-accused Mohan, however, due to technical defect his application was dismissed as not pressed and liberty was given to the applicant to file afresh.

Learned counsel on behalf of the applicant submits that charge-sheet in the matter has been filed. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial.

He further submits that the role assigned to the present applicant is similar to that of co-accused Mohan, who has been granted interim protection vide order dated 17.2.2023 by this Court in Crl. Misc. Anticipatory Bail Application No.1846 of 2022, which is extracted below:-

"The applicants have moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No.821 of 2014 under sections 147, 148, 307, 149, 323, 504 I.P.C., P.S. Madiaon, district Lucknow.

Heard learned counsel for the applicants and learned A.G.A. for the State who has raised an objection that the present application on behalf of applicant No.2 is not maintainable as the application is not supported by personal affidavit of applicant No.2, which is mandatory as per Rule 18 of the Rules of the Court.

Learned counsel for the applicants submits that he does not want to press the anticipatory bail application qua applicant No.2.

The application as regards applicant No.2 Siyaram Verma alias Ajeet Bhoore is dismissed as not maintainable with liberty to to file a fresh application along with his personal affidavit.

As per the prosecution case, on 29.11.2014 at about 11.00a.m., in village Roshnabad, police station Madiaon, Lucknow, while the road was being constructed by Shalimar Builders, in the constructions of the said road, the applicants and others were causing hurdles. On the information of workers of the organisation, the complainant along with his associates went on the spot and was supervising the construction work and the applicants and others in order to stop the construction work abused. They also called some other persons. It is further alleged that at 2.00p.m., other co-accused and some other unknown persons came on the spot armed with weapons and with an intent to kill made fire upon the complainant which hit the head of the complainant and consequently, he was injured. The other workers were also beaten by the applicants with lathi and danda who also sustained injuries.

It is submitted on behalf of the applicant No.1 that the first information report was lodged from the side of the applicant(s) on 29.11.2014 which was registered as case crime No.821A/2014 at police station Madiaon, Lucknow under sections 147, 148, 149, 307, 394, 323, 427 I.P.C. against seven named accused and hundred unnamed persons in which after filing of the charge sheet, the accused persons are facing trial. Respondent No.2 has also lodged first information report on 29.11.2014 against eight named and 15-20 unknown persons, including the applicants. Charge sheet was submitted on 22.12.2014 against three accused persons only, i.e. Raja Ram Gupta alias Raju Gupta, Mohd. Naseer Lala and Mohd. Haleem who are facing trial. The investigation was closed on 19.12.2015. It is submitted that without any order of further investigation under section 173 CrPC by the competent authority/Court, the investigating officer after recording second statement of witness submitted charge sheet on 13.5.2016 against the present applicant(s) which could not have been done.

It is next submitted that while closing investigation, the investigating officer has recorded in CD parcha 18 that that at the time of the alleged incident from 11.00a.m. to 2.00p.m., the accused persons were not present at the place of the incident, the complainant is not cooperating in the investigation and is not producing any evidence. He further recorded that the complainant being a member of the Kisan Union is in the habit of pressuring innocent persons, realising money from them by way of extortion. It is also submitted that from the complainant side, the injured Rama Devi and Abhishek Mishra have received simple injuries.No injury has been received by the complainant which has been noted by the investigating officer.

Learned A.G.A. while opposing the application has submitted that the order of further investigation has been passed by the concerned Circle Officer who is a competent authority. He is allowed fifteen days' time to file objections.

Issue notice to respondent No.2.

List on 28.3.2023.

Considering the fact charge sheet has been filed and the applicant No.1 has cooperated in the investigation and he further undertakes to cooperate in the trial, cross first information reports have been lodged, contents of CD 18, the applicant No.1 has no criminal antecedent, and without expressing any opinion on the Learned A.G.A. while opposing the application has submitted that the order of further investigation has been passed by the concerned Circle Officer who is a competent authority. He is allowed fifteen days' time to file objections.

Issue notice to respondent No.2.

List on 28.3.2023. merit of the case, I am of the opinion that the applicant No.1 is entitled to be released on 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. the accused applicant No.1 Mohan is directed to surrender before trial court if he is summoned to face trial for offence in question after filing of the charge sheet. The said accused applicant shall be released on 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 anticipatory bail to the applicant No.1 shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses."

Learned A.G.A. has opposed the bail prayer and prays for fifteen days' time to file objections.

Issue notice to respondent No.2.

On due consideration to the fact that charge sheet has been filed and the applicant has cooperated in the investigation and he further undertakes to cooperate in the trial, cross first information reports have been lodged, the applicant has no criminal antecedent, and without expressing any opinion on the merit of the case, I am of the opinion that the applicant is entitled to be released on 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, the accused applicant is directed to surrender before the trial court if he is summoned to face trial for offence in question. The said accused applicant shall be released on 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 anticipatory 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 28.3.2023 along with Crl. Misc. Anticipatory Bail Application No.1846 of 2022.

In the meantime, learned A.G.A. may file Objections. "

4.On due consideration to the fact that general role has been assigned to the accused persons, the two injured Rama Devi and Abhishek Mishra have received simple injuries, charge sheet has been filed, the applicant having no criminal antecedents, the undertaking given on behalf of the applicant that he shall cooperate in the trial and gravity of offence, 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.

5.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.

6.In view of the aforesaid, the anticipatory bail application is allowed.

Order Date :- 5.5.2023

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