Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9096 of 2021 Applicant :- Anand Opposite Party :- State of U.P.
Counsel for Applicant :- Desh Ratan Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for anticipatory bail on behalf of the applicant, Anand in connection with Case Crime No. 217 of 2019 under Sections 147, 323, 308, 504, 506 IPC Police Station Jahangirabad, District Bulandshahar.
Heard learned Counsel for the applicant and learned A.G.A. appearing for the State through video conferencing.
The submission of learned counsel for the applicant Mr.
D.R. Chaudhary is that the applicant has been falsely implicated and chargesheeted in the present crime. The applicant's implication and his prosecution in the present crime is a patent abuse of process of Court. He points out that the injured in his statement clearly indicated that it was Pravin Giri, who assaulted him with a lathi and the role assigned to the applicant is hardly one where there is any tangible evidence in the case diary, and, yet he has been chargesheeted. It is submitted that investigation is unfair, where a 5th person, not at all named, has named a 6th person as an accused; so far as the applicant's goes his connection to the crime is not supported by the remotest material collected during investigation rendering the prosecution against the applicant, a patent abuse of process of Court. It is next submitted that the Court has taken cognizance and the applicant is apprehending arrest. It is submitted that the applicant is a respectable man and has no criminal history. There is no chance of applicant fleeing from justice. The prosecution has been brought against the applicant to harass and humiliate him.
Learned A.G.A. has opposed the prayer for bail.
Four weeks time is granted to the learned A.G.A. to file a counter affidavit.
Issue notice to the Senior Superintendent of Police, Bulandshahar returnable on 14.06.2021.
List this application for orders on 14.06.2021 before the appropriate Bench.
Considering the submissions made by the learned counsel for the applicant, the emergent situation due to COVID-19 pandemic, the nature and gravity of the accusation, the fact that the applicant has no criminal history, the fact that the charge sheet that has been filed prima facie appears to be the result of a one sided and unfair investigation with no tangible material to connect the applicant to the crime, the fact that the impugned prosecution appears to be prima facie an abuse of process of Court, but without expressing any opinion on merit of the case, this Court finds it to be a fit case for interim anticipatory bail.
Meanwhile, in the event of arrest, the applicant Anand shall be released on interim anticipatory bail in Case Crime No. 217 of 2019 under Sections 147, 323, 308, 504, 506 IPC Police Station Jahangirabad, District Bulandshahar on his furnishing a personal bond of Rs.
50,000/- with two sureties each in the like amount to the satisfaction of Station House Officer of the Police Station/ Court concerned, subject to the following conditions:-
(1) The applicant will 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 office.
(2) The applicant will not leave India with the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.
(3) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
The applicants are directed to produce a computer generated copy of this order downloaded from the official website of Allahabad High Court, before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. The concerned authority shall also verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 13.5.2021 Deepak