Allahabad High Court
Surendra Pratap Singh 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:33786
Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1160 of 2023
Applicant :- Surendra Pratap Singh
Opposite Party :- State Of U. P. Thru. Prin. Secy. Deptt. Of Home Govt. U.P. Lko.
Counsel for Applicant :- Srees Kumar Srivastava,Amit Tewari
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.577 of 2022 under sections 143, 147, 323, 506, 308 I.P.C., P.S. Kotwali, district Unnao.
2.Heard learned counsel for the applicant and learned A.G.A. for the State.
3.It is submitted by applicant's counsel that the specific role of assault by spade on the head of the injured has been attributed to co-accused Phool Chandra alias Sanjay son of Sarvesh Pasi. Kajal and Anshu have also been assigned the role of assault by danda. General role of Marpeet has been assigned to the applicant.
It is submitted on behalf of the applicant that the applicant has no criminal history. The maximum punishment for the alleged offence is upto seven years.
It is next submitted that applicant has cooperated in the investigation. Charge sheet has been filed. He undertakes on behalf of the applicant that the applicant shall cooperate in the trial.
4.Learned A.G.A. has opposed the prayer made by the applicant's counsel.
5.Without expressing any opinion on the merits of the case and considering the nature of accusation and the applicant having no criminal antecedents, no specific role has been assigned to the applicant, 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.
6.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 Surendra Pratap Singh 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.
7.In view of the aforesaid, the anticipatory bail application is allowed.
Order Date :- 16.5.2023
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