Court No. - 84
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19185 of 2021 Applicant :- Gaurav Goswami Opposite Party :- State Of U.P Thru Secretary Home Lknw. And Another Counsel for Applicant :- Pankaj Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 606 of 2021, under sections 147, 352, 384, 336, 506, 307 IPC, Police Station- Jagdishpura, District- Agra.
Facts in brief are that an F.I.R. was lodged by informant against applicant along with four other co-accused persons and eight unknown persons alleging that accused persons were demanding money from him as chauth and they were also threatening him to leave his work of contracter-ship in Gangajal Pariyojana. On 26.9.2021 when informant went to participate in birthday party of his relative at Sulahkul, applicant alongwith other co-accused persons has thrown stones and also made fire with countrymade pistol at him. Informant rescued himself by entering into a house, thereafter he lodged an F.I.R.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He has committed no offence. No any injury has been caused on the person of informant. Though, several persons have been said to have thrown stones on him, no any medical examination has been done. Further submitted that it is impossible that several persons would throw stones and even a single injury would not be caused to the person on whom such assault has been made. There is no criminal history against the applicant. Lastly, it is submitted that the applicant is under apprehension of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.
Learned AGA has opposed the prayer for anticipatory bail and urged that allegation against the applicant as well as other co- accused persons is to throw stones and to make fire, therefore, he is not entitled for anticipatory bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98.
In the event of arrest of the applicant- Gaurav Goswami shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) The applicant shall make himself available for interrogation by a police office as and when required;
(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 from disclosing such facts to the Court or to any police office;
(iii) The applicant shall not leave India 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.
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 applicant.
Order Date :- 22.12.2021 A. Singh Digitally signed by Justice Subhash Chandra Sharma Date: 2021.12.24 15:10:53 IST Reason: Document Owner Location: High Court of Judicature at Allahabad