Allahabad High Court
Rajneesh Kumar @ Rajneesh And Another vs State Of U.P. Thru. Addl. Chief Secy. ... on 14 May, 2024
Author: Jaspreet Singh
Bench: Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:36760
Court No. - 21
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 980 of 2024
Applicant :- Rajneesh Kumar @ Rajneesh And Another
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another
Counsel for Applicant :- Pramod Kumar Shukla,Ashish Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Jaspreet Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The instant application has been filed seeking anticipatory bail in FIR/Case Crime No.0240/2019, under Sections 147, 323, 504, 452, 427, 506 IPC, relating to police station Jaitpur, District Ambedkarnagar.
The submission of the learned counsel for the applicants is that there is a long civil dispute relating to immovable property with the complainant. It has been pointed out that initially a suit had been filed by the complainant which came to be decided in favour of the applicants. The complainant further carried the matter in civil appeal which was dismissed so also the second appeal was dismissed by this Court.
It is urged that despite the same, the complainant did not mend her ways and this pointed the applicants to move an application under Section 156(3) Cr.P.C., in pursuance whereof the FIR came to be lodged on 22.05.2018 bearing Case Crime No.0054/2018. Despite the same, the complainant/respondent again escalated the matter and the applicants had lodged an FIR in respect of the incident that occurred on 03.11.2019 at around 07:00 PM where the complainant/respondent allegedly assaulted the applicants. The said FIR was bearing 0239/2019.
It is only in retaliation thereof that the complainant also lodged a cross FIR on 04.11.2019 which is bearing Case Crime No.0240/2019.
It is submitted that the complainant has falsely implicated the applicants. The manner in which it is alleged that the incident occurred appears to be most improbable. Apart from the fact that it is the frustration of the complainant having lost civil litigation and to give the colour, an FIR has been lodged.
It is further urged that the applicants are under an impending threat of being arrested. In the aforesaid backdrop, it is prayed that the applicants may be granted the benefit of anticipatory bail.
Learned AGAon the basis of material in the case diary available with him, has opposed the aforesaid the anticipatory bail, however, he could not dispute the facts as ample evidence in the shape of the judgments passed by the Courts and the civil suit as well as the earlier FIR have been brought on record to indicate that there is civil dispute between the parties.
Having considered the submissions and considering the facts and circumstances including the nature and gravity of the accusation, the antecedents of the applicants including that they have no criminal history and no apprehension has been expressed that the applicant is at flight risk, hence, this Court is of the opinion that the applicant can be granted the benefit of anticipatory bail. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed.
In the event of arrest of the applicants- Rajneesh Kumar @ Rajneesh and Avanish Kumar Mishra @ Avanish involved in the aforesaid FIR/Case Crime Number, shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the Court Concerned, with the conditions:-
(a) that the applicant shall make themself available for interrogation by the police officer as and when required;
(b) 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 them from disclosing such facts to the court or to any police officer or tamper with the evidence;
(c) that the applicants shall not tamper with the evidence during the trial;
(d) that the applicants shall not pressurize/ intimidate the prosecution witness;
(e) that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted;
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.
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 :- 14.5.2024
Rakesh/-
