Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 18998 of 2021 Applicant :- Pancham Rajbhar And 5 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Jamil Ahamad Azmi,Mohd Umar Farooq Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Supplementary affidavit, filed today, is taken on record.
Counsel for the applicants does not want to press this application on behalf of applicant nos. 1 & 3.
Hence, the prayer for anticipatory bail on behalf of applicant nos. 1 & 3, is dismissed as not pressed.
Heard learned counsel for the applicants no. 2 & 4 to 6 and learned AGA for the State and perused the material placed on record.
This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 0093 of 2021 under Sections 147, 148, 149, 323, 504, 506, 332, 353, 336, 307, 188, 427 I.P.C. and 7 Criminal Law Amendment Act, 2013, P.S. Jahanaganj, District Azamgarh, during the pendency of investigation.
It is submitted by the learned counsel for the applicants that the applicants are innocent and have no concern with the present matter. Allegations levelled against the applicants are false. Applicants' case is squarely covered under Section 438 Cr.P.C. Allegations levelled in the matter are not attracted. It has been next argued that co-accused have been granted bail by Co- ordinate Bench of this Court vide order dated 27.07.2021 in Crl. Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No.11671 of 2021. It is also submitted that if entire facts are taken into consideration, then also prosecution can only start on the basis of complaint. The applicants have no criminal history. If the applicants are enlarged on bail, they will not misuse the liberty and will cooperate with the investigation. The applicants have apprehension of arrest by the police any time.
Learned AGA opposed the prayer for anticipatory bail of the applicants with the contention that the applicants are not entitled for anticipatory bail as prima facie case is made out. The apprehension of the applicants is not founded on any material on record, only on the basis of imaginary fear, the anticipatory bail cannot be granted.
After considering the rival submissions, this court finds that there is a case registered against the applicants. It cannot be definitely said when the police may apprehend them. After the lodging of FIR the arrest can be made by the police at will. There is no definite period fixed for the police to arrest an accused against whom an FIR has been lodged. The courts have repeatedly held that arrest should be the last option for the police and it should be restricted to those exceptional cases where arresting the accused is imperative or his custodial interrogation is required. Irrational and indiscriminate arrests are gross violation of human rights.
Without expressing any opinion on the merits of the case and considering the nature of accusation and antecedents, the applicants are entitled to be released on anticipatory bail in this case for the limited period considering the exception 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, applicant No. 2, Vijay Rajbhar @ Kranti Rajbhar, applicant no. 4. Santosh Rajbhar, applicant no. 5 Chanddhari Rajbhar and applicant no. 6, Lavkush Rajbhar shall be released on anticipatory bail till the submission of charge sheet before the competent Court on 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 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 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 passport, the same shall be deposited by them 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 applicants.
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 certified 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 applicants.
The application stands disposed of. Order Date :- 20.12.2021 Meenu