Allahabad High Court
Mahendra vs State Of U.P. And Another on 9 May, 2024
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:36099
Court No. - 7
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1977 of 2021
Applicant :- Mahendra
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Anil Kumar,Alok Singh Chauhan,Sushil Kumar Singh
Counsel for Opposite Party :- G.A.,Amrendra Singh,Armendra Pratap Singh,Pankaj Bala,Puneet Saxena
Hon'ble Alok Mathur,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P.
2. The instant application has been moved by the applicant seeking anticipatory bail in Case Crime No. 596 of 2019, under Sections 376-D, 506 I.P.C. and Section 3/4 of POCSO Act and Section 67A of IT Act, relating to Police Station - Ishanagar, District - Lakhimpur Kheri.
3. Counter affidavit filed today is taken on record.
4. It has been submitted by the learned counsel for the applicant that a false and frivolous first information report has been lodged against the applicant. It is stated that investigation was conducted under Section 173(8) Cr.P.C., and in the subsequent Police report name of petitioner has been deleted from the array of accused. It is further submitted that co-accused Tej Narain has already been granted bail by order dated 01.06.2021. Hence the applicant is also entitled for bail.
5. Learned Additional Government Advocate has opposed the prayer for anticipatory bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
6. After considering the rival submissions this Court finds that there is a case registered against the applicant. It cannot be definitely said when the police may apprehend him. After the lodging of FIR the arrest can be made by the police at will. There is no definite period fixed for the police to arrest an accused against whom an FIR has been lodged. The Courts have repeatedly held that arrest should be the last option for the police and it should be restricted to those exceptional cases where arresting the accused is imperative or his custodial interrogation is required. Irrational and indiscriminate arrests are gross violation of human rights. In the case of Joginder Kumar v. State of Uttar Pradesh, AIR 1994 SC 1349, the Apex Court has referred to the third report of National Police Commission wherein it is mentioned that arrests by the police in India is one of the chief source of corruption in the police. Personal liberty is a very precious fundamental rights and it should be curtailed only when it becomes imperative. According to the peculiar facts and circumstances of the peculiar case the arrest of an accused should be made.
7. Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, the applicant may 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.
8. The Court has considered the rival submissions and looking into the circumstances as well as annexures which have been annexed with the application for anticipatory bail as well as counter affidavit, this Court finds it a fit case to allow the present anticipatory bail application.
9.The anticipatory bail application is allowed.
10. This Court directs that in the event of arrest, the accused-applicant Mahendra, involved in Case Crime No.596 of 2019, under Sections 376-D, 506 I.P.C. and Section 3/4 of POCSO Act and Section 67A of IT Act, relating to Police Station - Ishanagar, District - Lakhimpur Kheri, shall be released forthwith on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Arresting officer/Investigating Officer/ S.H.O. concerned on the following conditions:-
(i) That the accused-applicant shall make himself available for interrogation by police authorities as and when required and will cooperate with the investigation;
(ii). That the accused-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; and
(iii). That the accused-applicant shall not leave India without the previous permission of the Court.
11.The papers regarding bail submitted to the police officer on behalf of the accused/applicant shall form part of the case diary and would be submitted to the court concerned along with same at the time of submission of report under Section 173(2) Cr.P.C.
12.In case there is breach of any of the above conditions or in case it is otherwise found for any other reason the bail is required to be cancelled, it shall be open for the State or the appropriate authority to move application for cancellation of bail in accordance with law.
Order Date :- 9.5.2024
A. Verma
(Alok Mathur, J.)
