Allahabad High Court
Shankar Singh And Another vs State Of U.P. And Another on 2 February, 2024
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:18220
Court No. - 75
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6791 of 2023
Applicant :- Shankar Singh And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Santosh Kumar Shukla
Counsel for Opposite Party :- G.A.,Girjesh Mishra,Pradeep Kumar
Hon'ble Krishan Pahal,J.
1. None is present on behalf of the informant even in the revised call. Rejoinder affidavit filed today by the learned counsel for the applicants is taken on record.
2. Heard Sri Santosh Kumar Shukla, learned counsel for the applicants and Sri V.K.S. Parmar, learned A.G.A. for the State and also perused the material available on record.
3. The present anticipatory bail application has been filed on behalf of the applicants in Complaint Case No.09 of 2020 (S.T. No.32 of 2022), under Sections 392, 323, 427, 504, 506 of IPC, Police Station - Kuthond, District - Jalaun, with a prayer to enlarge them on anticipatory bail.
4. As per prosecution story, the applicants and four other persons are stated to have forcibly entered into the premises of the informant and taken away gunny bags of cement and other material/implements of construction on 18.12.2019 at about 12 hours.
5. Learned counsel for the applicants has stated that they are maliciously being prosecuted in the present case due to ulterior motive and have apprehension of their arrest. They have nothing to do with the said offence as alleged by the prosecution. Learned counsel has further stated that the mater of civil in nature is pending between the parties. In all three cases have been foisted upon the applicants of similar nature. The impugned summoning order dated 25.08.2022 is a cryptic one as it has been passed without application of mind.
6. Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegations made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon at length. It is further submitted that the applicants have no criminal history. In case, the anticipatory bail application of the applicants is allowed, they will not misuse the liberty and shall cooperate with trial.
7. On the other hand, learned A.G.A. has vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicants and also the fact that the applicants have no criminal history.
8. Considering the arguments advanced by the learned counsel for the parties, nature of accusations and antecedents of the applicants, the applicants are liable to be enlarged on anticipatory bail in view of the law laid down by the Apex Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi) (2020) 5 SCC 1". The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of Apex Court.
9. Without expressing any opinion upon ultimate merits of the case either ways which may adversely affect the trial of the case, the anticipatory bail application of the applicants is allowed.
10. In the event of arrest of the applicants, Shankar Singh and Monti @ Bhavendra Singh, involved in the aforesaid case crime number, shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:-
i. that the applicants shall make themselves available for interrogation by a police officer as and when required;
ii. that the applicants 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 or tamper with the evidence;
iii. that the applicants shall not leave India without previous permission of the court;
iv. that the applicants shall not tamper with the evidence during the trial;
v. that the applicants shall not pressurize/ intimidate the prosecution witness;
vi. that the applicants shall appear before the trial court on each date fixed unless personal presence are exempted;
11. In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicants.
12. It is made clear that observations made in granting anticipatory bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date:- 2.2.2024
Siddhant
(Justice Krishan Pahal)
