Allahabad High Court
Golu Singh @ Gaulu Singh vs State Of U.P. And Another on 28 October, 2023
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:206050
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11807 of 2023
Applicant :- Golu Singh @ Gaulu Singh
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Kavita Tomar,Jai Raj Singh Tomar
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
1. Heard learned counsel for the applicant and learned Additional Government Advocate for the State.
2. Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.575 of 2014, under Sections 147, 427, 436, 323, 504, 506 IPC and Section 3(2)E Prevention of Damage to Property Act, 1984, Police Station- Jalaun, District- Jalaun.
3. As per prosecution story, an FIR was instituted against 50-60 unknown persons of having assaulted the driver of the bus bearing no. UP91 T 2581 on 28.03.2014 at about 05:30 PM on the way from Orai to Delhi.
4. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case; the applicant is not named in the present FIR. He submitted that the applicant was minor at the time of alleged incident; he was the student of 12 class. Learned counsel for the applicant submitted that similarly placed co-accused, namely, Rahul Singh has been granted anticipatory bail by co-ordinate Bench of this Court vide order dated 21.7.2023 in Criminal Misc. Anticipatory Bail Application No. 8149 of 2023. The applicant is having no previous criminal history. Learned counsel for the applicant further submitted that applicant has apprehension of imminent arrest and in case, applicant is released on anticipatory bail, he will not misuse the liberty and would co-operate with the trial.
5. Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant but could not dispute the submissions raised by learned counsel for the applicant.
6. Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, he is directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
7. In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant- Golu Singh @ Gaulu Singh, involved in the aforesaid case crime be released on anticipatory bail on furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
(i) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation.
(ii) 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 to any police officer.
(iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
(iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.
(v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
(vi) In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
(vii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against his in accordance with law.
8. In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
9. With the aforesaid observations/ directions, the application stands allowed.
Order Date :- 28.10.2023
Krishna*
