Court No. - 64
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19975 of 2021 Applicant :- Om Prakash Singh And 2 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Gajala Srivastava,Manish Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Manish, learned counsel for the applicants and Sri Vikas Goswami, learned A.G.A. for the State.
2. This anticipatory bail application has been filed on behalf of the applicants - Om Prakash Singh, Indra Dev Singh and Sher Bahadur Singh, seeking anticipatory bail in Case Crime No.0044 of 2021, under Sections -419 and 420 I.P.C. and 3/5 Prevention of Damage to public property Act 1984 and newly added sections-467, 468 and 471 IPC, Police Station -Jafrabad, District -Jaunpur, during pendency of trial.
3. At the outset, it is stated that Preetam Singh & Dinesh Kumar Singh, against whom exact similar allegations have been made, have already been enlarged on interim anticipatory bail by this Court in CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10232 of 2021 vide order dated 15.06.2021 on the following terms :
"1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. This anticipatory bail application has been filed on behalf of the applicants - Preetam Singh & Dinesh Kumar Singh, seeking anticipatory bail in Case Crime No.0044 of 2021, under Sections -419 and 420 I.P.C. and 3/5 Prevention of Damage to public property Act 1984, Police Station -Jafrabad, District -Jaunpur, during pendency of trial.
3. Put up this case on 03.08.2021, in the additional cause list before the appropriate Bench. By the said date, counter affidavit be filed by learned A.G.A.
4. At present, there are no criminal antecedents of the applicants shown as also no real apprehension has been expressed by the State of the applicants fleeing from justice, if the present application is allowed.
5. While the bail application has been opposed by learned AGA, learned counsel for the applicants submits that the applicants were the duly recorded bhoomidhar of the plots in dispute. Those plots are adjoining the National Highway No.56. The applicants had contested the acquisition proceeding and had claimed compensation wherever their land was acquired. Certain documents in support of ownership have been annexed in the form of extract of khatauni. Also, copies of notices issued for payment of compensation have been annexed.
6. In view of the above, it has been submitted that the FIR is completely lacking in material particulars, inasmuch as, not a single plot specification has been made in the FIR. Other than the plots over which the applicants claim ownership and for which documentary evidence is shown to exist, the applicants do not claim ownership or possession over any other plots.
7. Matter requires consideration.
8. Thus, without expressing any opinion on the merits of the case, the applicants are entitled to interim anticipatory bail in this case, at this stage.
9. Accordingly, it is provided that in the event of arrest of the applicants - Preetam Singh & Dinesh Kumar Singh, involved in the aforesaid case crime, they shall be released on interim anticipatory bail during the investigation, till the next date fixed, on their furnishing a personal bond of Rs. 50,000/- each with two sureties of the like amount to the satisfaction of the Station House Officer of the police station concerned on the following conditions:
(i) The applicants shall make themselves 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 from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iii) The applicants shall not leave India without the previous permission of the court.
(iv) In default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants."
4. That application was disposed of by further order dated 03.08.2021 by the following terms :
"Learned counsel for the applicants and learned A.G.A. are present.
Learned counsel for the applicants has submitted that at the initial stage, vide order dated 15.06.2021, interim protection was given to the applicants.
He has further submitted that it will be appropriate if the aforesaid interim protection order is extended till the filing of the charge sheet and dispose of the present anticipatory bail application.
Learned A.G.A. has submitted that the investigation is still continuing and if the aforesaid interim protection order is extended till filing of the charge sheet, there is no harm.
In view of above, the interim protection order dated 15.06.2021 is extended till filing of the charge sheet.
Accordingly, the anticipatory bail application is disposed of."
5. Present application is also disposed of on the same terms.
Order Date :- 23.12.2021 S.Chaurasia