Court No. - 68
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 17462 of 2021 Applicant :- Mange Diwakar @ Mangey Lal And 2 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Manoj Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present application has been moved seeking anticipatory bail in Case Crime no. 603 of 2010, under Sections 147, 148, 149, 307, 323, 504, 506 I.P.C., Police Station Saiyan, District Agra with the prayer that in the event of arrest, applicants may be released on bail.
It has been argued by the learned counsel for the applicants that applicants are innocent and they have an apprehension that they may be arrested in the above-mentioned case, whereas there is no credible evidence against them. It has further been submitted that applicants have no criminal antecedents and that no coercive process has been issued against the applicants so far. Learned counsel has submitted that FIR was lodged against eight accused persons including applicants but during investigation, involvement of applicants was not found and they were exonerated and that charge-sheet was filed against co- accused Omprakash @ Ballo, Hetendra Singh @ Hitto, Yatendra @ Yogendra Singh @ Pappu and Satendra Singh @ Bantu. It was also submitted that the matter pertains to the year 2010 and during trial, applicants have been summoned under Section 319 Cr.P.C. vide order dated 16.03.2020. Learned counsel has referred statements of injured persons and submitted that no specific role has been assigned to the applicants. It was further submitted that co-accused persons, who were charge-sheeted by the police, have already been granted bail. It was also submitted that applicants undertake to co-operate during investigation and trial and they would appear as and when required by the investigating agency or Court. It has been stated that in case, applicants are granted anticipatory bail, they shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.
Learned A.G.A. has opposed the application for anticipatory bail.
It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.
In the instant case, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicants and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, a case for anticipatory bail is made out.
The anticipatory bail application is allowed.
In the event of arrest of the applicants- Mange Diwakar @ Mange Lal, Ranveer @ Raje @ Ranveer Singh Tyagi and Chhito Gurjar @ Chatrabhan involved in the aforesaid case crime shall be released on anticipatory bail on their furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned/court concerned with the following conditions :-
(i) the applicants shall make themself available for interrogation by a 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 him/her/them from disclosing such facts to the Court or to any police officer;
(iii) the applicants would co-operate during investigation and trial and would not misuse the liberty of bail.
In default of any of the conditions, the Investigating Officer/prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
Order Date :- 17.12.2021 Anand