Allahabad High Court
Ram Gulam Maurya vs State Of U.P. Thru. Prin. Secy. ... on 16 May, 2023
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:33797
Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1161 of 2023
Applicant :- Ram Gulam Maurya
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
Counsel for Applicant :- Surendra Kumar Mishra,Dharm Raj Mishra
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.0049 of 2023 under sections 323, 504, 506, 327, 427 I.P.C., P.S. Tarabganj, district Gonda.
2.Heard learned counsel for the applicant and learned A.G.A. for the State.
3.It is submitted on behalf of the applicant that the first information report is delayed without any plausible explanation. General role of assault has been assigned to all the four accused persons including the applicant. There is only one injured who has sustained simple injury. It is submitted that it is a clear case of false implication.
4.The co-accused Saroj Maurya has been enlarged on anticipatory bail vide order dated 3.5.2023 passed in Anticipatory Bail No.982 of 2023 by a coordinate Bench of this court. Learned counsel further undertakes on behalf of the applicant that the applicant shall cooperate in the investigation.
5.Learned A.G.A. has opposed the prayer made by the applicant's counsel, however, he does not dispute the aforesaid fact.
6.Without expressing any opinion on the merits of the case and considering the nature of accusation and the undertaking given on behalf of the applicant that he shall cooperate in the investigation, the applicant has no criminal history, the co-accused Saroj Maurya has been enlarged on anticipatory bail, and gravity of offence, I am of the opinion that in the event of arrest, 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 investigation/trial.
7.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, it is provided that till filing of the police report, in the event of arrest, the applicant shall be enlarged on anticipatory bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the arresting officer/S.H.O. concerned.
The applicant shall cooperate in the investigation/trial and he will not influence the witnesses. The accused-applicant will remain present as and when the arresting officer /I.O./ S.H.O. concerned call (s) for investigation/interrogation. The applicant 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 order.
8.In view of the aforesaid, the anticipatory bail application is allowed.
Order Date :- 16.5.2023
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