Allahabad High Court
Saurabh Kumar Yadav vs State Of U.P. And Another on 10 May, 2024
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:84628
Court No. - 76
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4443 of 2024
Applicant :- Saurabh Kumar Yadav
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Zaid Arshad
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Zaid Arshad, learned counsel for the applicant and Sri Amit Kumar, learned A.G.A. for the State as well as perused the record.
3. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.210 of 2023, registered under Sections 147, 148, 149, 323, 506, 308 I.P.C. at Police Station- Nandganj, District- Ghazipur with a prayer to enlarge him on anticipatory bail.
4. As per prosecution story, some 5-6 unknown persons are stated to have assaulted the informant in the night of 15.12.2023 at about 09:00 p.m.
5. Learned counsel for the applicant has stated that he has been falsely implicated in this case. The FIR is delayed by about one day and there is no explanation of the said delay caused. The applicant is not named in the FIR. The injured person has nominated the applicant subsequently in this statement. Learned counsel has further stated that even the medical examination of the injured person has been taken up after two days of institution of FIR. The allegations are per se false. There is no criminal history of the applicant.
6. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. It is further stated that the final report (charge-sheet) has been submitted and the applicant was not arrested during investigation. The applicant has apprehension of his arrest. Learned counsel has stated that the applicant undertakes that he has co-operated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
7. Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicant.
8. Relying on its judgement passed in Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273, the Supreme Court in Md. Asfak Alam Vs. State of Jharkhand and another (2023) 8 SCC 632 has stated that once the charge-sheet was filed and there was no impediment, at least on the part of the accused, the court having regard to the nature of the offences, the allegations and the maximum sentence of the offences they were likely to carry, ought to have granted the bail as a matter of course. However, the court did not do so but mechanically rejected and, virtually, to rub salt in the wound directed the appellant to surrender and seek regular bail before the trial court. Thus, the High Court fell into error in adopting such a casual approach.
9. On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme 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 the Supreme Court.
10. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Saurabh Kumar Yadav be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i). that the applicant shall make himself available for interrogation by a police officer as and when required;
(ii). that 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 or tamper with the evidence;
(iii). that the applicant shall not leave India without the previous permission of the court;
(iv). that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;
(v). that the applicant shall not pressurize/ intimidate the prosecution witness;
(vi). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(vii). that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.
11. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.
Order Date :- 10.5.2024
Vikas
(Justice Krishan Pahal)
