Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4689 of 2021 Applicant :- Smt. Lalmani Devi And 10 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Order on Criminal Misc. Exemption Application
This exemption application is allowed.
Order on Criminal Misc. Anticipatory Bail Application
Heard learned counsel for the applicants and learned AGA for the State.
The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicants, namely, Smt. Lalmani Devi, Lalji, Kamlesh Kumar, Samman Ram @ Shaym Saran, Mohal Ram, Dinesh Kumar, Manoj Bharti, Ghurahu Ram, Shambhu Ram and Kishnawati, in Case Crime No.- 003 of 2021, under Sections- 147, 186, 189, 353, 504, 506 IPC and Section 7 of the Criminal Law (Amendment) Act, Police Station- Balua, District- Chandauli.
Prior notice of this 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 A.G.A as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required.
Co-accused persons, Virendra, Niteesh, Narendra Ram and Jhaabar Ram, have already been granted anticipatory bail vide order dated 10.2.2021 passed in Criminal Misc. Anticipatory Bail Application No. 2743 of 2021. The case of the applicant stands on identical footing, hence the applicants are also entitled for anticipatory bail on the ground of parity.
Without expressing any opinion on the merits of the case and considering the nature of accusation and their antecedents and also the second surge in the cases of novel coronavirus and possibility of further surge of the pandemic, the applicants are entitled to be released on anticipatory bail for limited period in this case considering the exceptions 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, the applicants shall be released on anticipatory bail till the cognizance is taken by the court on the police report, if any, under section 173 (2) Cr.P.C. before the competent Court on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:-
(i) The applicants shall make themselves available for interrogation by the police officer as and when required;
(ii) The applicants 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 officer;
(iii) The applicants shall not leave India without the previous permission of the Court and if they have passports, the same shall be deposited by them before the S.S.P./S.P. concerned.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) 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.
In default of any of the conditions, the Investigating Officer/ Govt. Advocate is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
The Investigating Officer is directed to conclude the investigation, if pending, of the present case in accordance with law, expeditiously, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicants.
The applicants are directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today, if investigation is pending who shall ensure the compliance of present order.
Order Date :- 7.4.2021 Rohit