Court No. - 52
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 18007 of 2021 Applicant :- Kalyan @ Prempal Opposite Party :- State of U.P.
Counsel for Applicant :- Pratibha Vohra Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Ms. Pratibha Vohra, learned counsel for the applicant and Sri Sanjay Kumar Singh, learned counsel for the State and perused the record.
The anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant Kalyan @ Prempal, seeking anticipatory bail, in the event of arrest in Case Crime No. 381 of 2021, under Section 308 IPC, Police Station Bahjoi, District Sambhal.
The prosecution case as per the First Information Report lodged by Chandrakesh naming the applicant as the accused is that on 30.06.2021 at about 04:00 pm, the applicant was going to take his bath. He with bad intention told Om Prakash the brother of the first informant that the electricity of his tubewell has gone wrong and the same may be repaired from the pole as there is no electricity at that time on which his brother climbed the pole and was repairing the same and thereupon got electric shock and fell down and received serious injuries. He has been taken to Safdarjung Hospital. He has received injuries in his spinal. He has seriously injured since last one months and 8 days.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the present case is a case of accident. The applicant had no motive to commit the said incident. He even has no mens-rea. The electricity at that point of time was shut down but as a matter of chance after he climbed the pole the same was restored due to which he got an electrical shock and fell down. The applicant has no criminal history as stated in para 20 of the affidavit in support of anticipatory bail application.
Per contra, learned counsel for the State opposed the prayer for anticipatory bail and argued that the applicant had told the injured to climb on the electrical pole which was not at all his job, the same should have been got done from the authorized person. The electricity was restored and the said person got an electrical shock.
After having heard learned counsels for the parties and perusing the records, it is evident that the applicant has no motive to commit the said act. He has no mens-rea. The case appears to be a case of an accident.
Without expressing any opinion on the merits of the case, considering the nature of accusation, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant, Kalyan @ Prempal, involved in Case Crime No. 381 of 2021, under Section 308 IPC, Police Station Bahjoi, District Sambhal, he shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on his 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 him 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.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall 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 :- 28.10.2021 M. ARIF (Samit Gopal, J.)