Court No. - 75
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 15810 of 2021 Applicant :- Gyan Prakash Maurya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kripa Shankar Prasad Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Counter affidavit filed by learned AGA is taken on record.
Heard over anticipatory bail application, under Section 438 Cr.P.C., moved by the applicant- Gyan Prakash Maurya, in Case Crime No. 42 of 2021, under Section 307 IPC, Police Station- Sigramau, District-Jaunpur.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number on the basis of enmity in between; FIR was instantly got lodged against two unknown motorcycle rider, who had fled away from the spot and it was by injured informant himself, subsequently, name was taken, but once offenders under camouflage then how they were identified; once he was aware their identity then how report was got lodged against unknown; it is a false implication; 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 with this contention that in subsequent statement under Section 161 Cr.P.C., name of applicant is there.
Having heard and gone through material placed on record, it is apparent that this report was got lodged against two unknown offenders and it was by the informant introduced himself with specific mention of camouflaging of both offenders; subsequently, in subsequent statement, name has been taken; enmity too has been admitted.
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, Gyan Prakash Maurya, 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 :- 17.12.2021 Dhirendra/