1. Heard Sri Anurag Tripathi, learned counsel for the applicant and learned A.G.A. for the State of U.P. through video conferencing in view of COVID-19 pandemic.
2. The application has been moved by the applicant seeking anticipatory bail in Case Crime No. 13 of 2021, under Sections 326, 323, 504 of I.P.C., relating to Police Station Talgaon, District Sitapur.
3. It has been submitted by the learned counsel for the applicant that a false and frivolous first information report has been lodged against the applicant. It has been submitted that applicant has been falsely implicated in the above noted case while he is innocent and no concerned with the alleged offence and that on 13.04.2021 the matter was listed and an interim protection was granted to the applicant. It has been submitted that as per the First Information Report, the applicant had gone to the house of the complainant along with Satish and Patel Dada and assaulted the complainant and her family members. It has been submitted that there was sudden fight between both the parties due to previous enmity. Regarding this incident informant has given an applicantion to the police, on which the police has registered the first information as N.C.R. No. 220/2020 and after that the said FIR was lodged on 10.01.2021 without explaining the delay only after intervention of the Court under Section 155(2) Cr.P.C. It has been further submitted that the injury report of one Hasimi, aged 9 years, which is annexed to this application shows that she has lost one of her canine tooth on right side of the upper jaw and apart from this, no other injury could be shown.
4. Learned Additional Government Advocate has opposed the prayer for anticipatory bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
5. After considering the rival submissions this Court finds that there is a case registered/about to be registered against the applicant. It cannot be definitely said when the police may apprehend him. 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. In the case of Joginder Kumar Vs. State of Uttar Pradesh, AIR 1994 SC 1349, the Apex Court has referred to the third report of National Police Commission wherein it is mentioned that arrests by the police in India is one of the chief source of corruption in the police. Personal liberty is a very precious fundamental rights and it should be curtailed only when it becomes imperative. According to the peculiar facts and circumstances of the peculiar case the arrest of an accused should be made.
6. Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, the applicant may be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
7. The Court has considered the rival submissions and looking into the circumstances as well as annexures which have been annexed with the application for anticipatory bail and also that there are injuries on both sides and a cross version is also available it cannot be definitely said that the applicant is the aggressor, and also perused the counter and rejoinder affidavits, this Court finds it a fit case to allow the present anticipatory bail application.
8.The anticipatory bail application is allowed.
9. This Court directs that in the event of arrest, the accused-applicant Putaan @ Brijraj Kishor, involved in Case Crime No. 13 of 2021, under Sections 326, 323, 504 of I.P.C., relating to Police Station Talgaon, District Sitapur, shall be released forthwith on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Arresting officer/Investigating Officer/ S.H.O. concerned on the following conditions:-
(i) That the accused-applicant shall make himself available for interrogation by police authorities as and when required and will cooperate with the investigation;
(ii). That the accused-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; and
(iii). That the accused-applicant shall not leave India without the previous permission of the Court.
10.The papers regarding bail submitted to the police officer on behalf of the accused/applicant shall form part of the case diary and would be submitted to the court concerned along with same at the time of submission of report under Section 173(2) Cr.P.C.
11.In case there is breach of any of the above conditions or in case it is otherwise found for any other reason the bail is required to be cancelled, it shall be open for the State or the appropriate authority to move application for cancellation of bail in accordance with law.
12. The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by him alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
13. The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 7.5.2021 Mohit