Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 18160 of 2021 Applicant :- Mannu @ Vidur Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Shukla Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Sapan Kumar Singh, Advocate holding brief of Sri Sanjay Shukla, learned counsel for the applicant, Sri Satish Kumar Singh, learned brief holder appearing for the State and perused the record.
This anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant Mannu @ Vidur, seeking anticipatory bail, in the event of arrest in Case Crime No. 253 of 2021, under Sections 307, 419, 420, 473, 467, 468, 471, 411 I.P.C., Police Station- Chauri-Chaura, District Gorakhpur.
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. This anticipatory bail application is thus 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.
Learned counsel for the applicant argued that although the applicant is named in the F.I.R. but his naming therein is on the basis of disclosure by co-accused Jitendra, Sikander and Ram Lakhan who were arrested on the spot, in their confessional statements. It is argued that the same is inadmissible evidence. Further it is argued that the applicant has been falsely implicated in the present case and he is not involved in the matter. It is argued that the present case is a case of no injury, para-11 of the affidavit has been placed before the Court for the same. It is argued that after involvement in the present case, he has been involved in the two other cases. Para-16 of the affidavit has been placed before the Court to buttress the said argument. Further it is argued that the co-accused Mintu Ali whose name was also disclosed by the arrested co-accused persons in their confessional statements, has been granted anticipatory bail by a co- ordinate Bench of this Court vide order dated 1.12.2021 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 18301 of 2021, copy of the said order has been produced before the Court which is taken on record.
Learned State counsel opposed the prayer for anticipatory bail but could not dispute the arguments as raised.
After having heard learned counsels for the parties and perusing the records, it is evident that name of the applicant has surfaced in the present case in the confessional statements of the arrested co-accused persons namely Jitendra, Sikander and Ram Lakhan. The co-accused Mintu Ali whose name was also disclosed by the arrested co-accused persons in their confessional statements, has been granted anticipatory bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant Mannu @ Vidur, involved in Case Crime No.253 of 2021, under Sections 307, 419, 420, 473, 467, 468, 471, 411 I.P.C., Police Station- Chauri-Chaura, District Gorakhpur, 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. 50,000/- 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 officer;
(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 present anticipatory bail application is disposed of.
(Samit Gopal,J.) Order Date :- 20.12.2021 Naresh