Court No. - 75
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 20020 of 2021 Applicant :- Bijendra Singh Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over anticipatory bail application, under Section 438 Cr.P.C., moved by the applicant- Bijendra Singh, in Case Crime No. 528 of 2020, under Sections 420, 467, 471, 504, 506 IPC, Police Station-Hapur Kotwali city, District-Hapur.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number; he is Lekhpal having no any benefit of this alleged occurrence; beneficiary Mahipal has been granted anticipatory bail by the co-ordinate Bench of this Court, order has been annexed with affidavit at page-40; accusation against the applicant is of mentioning Gudiya as major in revenue record that too under conspiracy with supervisor Kanoongo; the entry of Gudiya being major in revenue record is in compliance of order of District Magistrate, Hapur dated 8.1.2020, same is there at page-49 of paper book; applicant is of no concern; moreso it is under performance of official duty of applicant and sanction under Section 197 Cr.P.C. is not there; FIR itself reveals that informant was an accused in the murder of her husband; land of deceased husband was succeeded by his two daughters, Gudiya was one of them; date of birth at different stages was said to be got manufactured by Mahipal, who had been granted anticipatory bail, hence applicant is of no offence nor there was any malice or mensria; application for anticipatory bail was moved before court of session where it was rejected summerely and there is every likelihood of arrest of applicant by the police; hence this anticipatory bail application with above prayer.
Prior notice of this anticipatory bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned AGA as per Section 438(3) Cr.P.C. (U.P. Amendment) is not required.
Learned A.G.A. has vehemently opposed, but could not oppose the above factual aspects.
Having heard and gone through material placed on record, it is apparent that Mahipal against whom entire accusation is there, has been enlarged on anticipatory bail; applicant is a public servant and order of District Magistrate, Hapur is there with regard to mentioning of Gudiya as major; sanction under Section 197 Cr.P.C. is not there.
Considering all those facts and circumstances of the case and law laid down by the Hon'ble Apex Court in the Case of Sushila Aggarwal Vs. State (NCT of Delhi) 2020 SCC Online SC 98, ground for grant of anticipatory bail is made out.
In case of arrest, the applicant, Bijendra Singh, is directed to be enlarged on anticipatory bail in above case crime number, till the submission of police report, if any, under Section 173(2) Cr.P.C. before the competent court on his furnishing personal bond of Rs. 50,000/- and two sureties each of like amount to the satisfaction of Station House Officer of police station/ court concerned with the following conditions:-
(i) The applicant shall make himself available for interrogation by the police officer as and when required, if investigation is in progress;
(ii) 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 such person from disclosing such facts to the Court or to any police officer;
(iii) The applicant shall not leave the country without 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/Court concerned;
In default of any of the conditions, the Investigating Officer/Government Advocate is at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicant.
The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order.
A copy of this order shall also be produced before the S.P/S.S.P concerned by the applicant, within a week, if the investigation is still in progress, who shall ensure compliance of this order. This anticipatory bail application is allowed.
Order Date :- 24.12.2021 Dhirendra/