Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7283 of 2021 Applicant :- Parmanand And 9 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the material on record.
The instant anticipatory bail application has been filed with a prayer to grant anticipatory bail to the applicants- Parmanand, Chandrashekhar, Shippu, Nageshwar, Lalji, Aakash, Pradyuman, Luvkush, Suraj and Ram Vilash in Case Crime No.63 of 2020, under Sections 147, 148, 323, 504, 506, 427 IPC, 3(1)Da SC/ST Act, Police Station- Gauri Bazar, District Deoria.
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, 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.
Argument on behalf of the applicants has been extended to the effect that in this case, applicants are innocent and have been falsely implicated in this case. The applicants have no role to play in the commission of the offence. Under the similar set of facts co- accused has already been admitted to bail by coordinate Bench of this Court in Criminal Miscellaneous Anticipatory Bail Application No.7669 of 2021, copy whereof has been produced by the learned counsel for the applicants, the same is taken on record. The applicants have definite apprehension that they may be arrested by the police any time.
Learned A.G.A. has opposed the prayer for anticipatory bail of the applicants. He has submitted that in view of the seriousness of the allegations made against the applicants, they are not entitled to grant of anticipatory bail. The apprehension of the applicants are not founded on any material on record. Only on the basis of imaginary fear, anticipatory bail cannot be granted.
The submission made by learned counsel for the applicants prima facie appears to have some substance. The matter requires consideration after receiving response from opposite parties.
Learned AGA has accepted notice on behalf of opposite party no.1. He prays for and is granted two weeks' time to file counter affidavit.
Issue notice to opposite party no.2 who may also file objection/ counter affidavit within the same period.
Rejoinder affidavit, if any, may be filed within two weeks thereafter. Put up this case on 20th August, 2021 as fresh.
In the event the applicants- Parmanand, Chandrashekhar, Shippu, Nageshwar, Lalji, Aakash, Pradyuman, Luvkush, Suraj and Ram Vilash are arrested they shall be released on anticipatory bail till the next date of listing on 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 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 passport, 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 after downloading from the official website of this Court before the S.S.P./S.P. concerned within ten days from today, if investigation is in progress, who shall ensure the compliance of present order.
Order Date :- 29.7.2021 Raj