1. Heard learned counsel for the parties and, perused the entire record.
2. By means of this application under Section 438 CrPC, the applicants seek anticipatory bail, apprehending their arrest in connection with FIR/Crime No.134 of 2020, under Sections 147, 148, 149, 452, 427, 323, 504, 506, 307, 34 and 436 IPC, Police Station Kotwali Bhinga, District Shravasti.
3. The learned counsel for the accused-applicants states that the role of the accused-applicant is similar to that of accused, who have already been granted anticipatory bail by this Court vide order dated 10.02.2021 passed in Bail No.5315 of 2020, which on reproduction reads as under:-
"1. Heard Shri Arvind Kumar Tiwari, learned counsel for the applicants, learned A.G.A. for the State, Sri Mohd. Tabrez Iqbal, learned counsel for the complainant and perused the record.
2.The applicants apprehend their arrest in connection with FIR/ Case Crime No.134 of 2020, under Sections 147, 148, 149, 452, 427, 323, 504, 506, 307, 34, 436 IPC, Police Station Kotwali Bhinga, District Shravasti.
3. Counter and rejoinder affidavits having been exchanged, the case is being finally heard and decided.
4. Learned Counsel for applicants has submitted that the applicants are innocent and have been falsely implicated in this case. This is a cross-case and no specific role has been assigned against the applicants. In this case, both sides have received injuries on their persons. There is no injury on the vital part. The applicants have no previous criminal history. The applicant is entitled for anticipatory bail. The accused applicant has assured that he shall co-operate with the investigation and he shall not indulged into any activity affecting the course of justice.
5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not dispute the contention made by learned counsel for applicants.
6.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 them. After lodging of F.I.R. the arrest can be made by the police at will. 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 v. 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 sources of corruption in the police. The report suggested that, by and large, nearly 60 percent of the arrests were either unnecessary or unjustified and that such unjustified police action accounted for 43.2 percent of expenditure of the jails. 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.
7. 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.
8. 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 as well as counter and rejoinder affidavits, this Court finds it a fit case to allow the present anticipatory bail application.
9.The anticipatory bail application is allowed.
10. This Court directs that in the event of arrest, the accused-applicants, namely, Jiledar and Lavkush, involved inFIR/ Case Crime No.134 of 2020, under Sections 147, 148, 149, 452, 427, 323, 504, 506, 307, 34, 436 IPC, Police Station Kotwali Bhinga, District Shravasti, shall forthwith be released on bail on each of them furnishing a personal bond and two sureties 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-applicants shall make himself available for interrogation by police authorities as and when required and will cooperate with the investigation;
(ii) That the accused-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 from disclosing such facts to the court or to any police officer; and
(iii) That the accused-applicants shall not leave India without the previous permission of the Court.
11. The papers regarding bail submitted to the police officer on behalf of the accused/applicants 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.
12. Under Part-III, Chapter- XVIII, Rule-18[3(a)] of the Allahabad High Court Rules, 1952 (amended), a copy of the bail application along with its enclosures be provided to the learned A.G.A. by learned counsel for applicants, within two days from today, without fail.
13. 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."
4. The learned counsel claims parity.
5. Mr. Vinay Kumar Shahi, learned Additional Government Advocate has not disputed the said position.
6. Accordingly, this bail application is allowed in the same terms as in the order dated 10.02.2021 passed in Bail No.5315 of 2020 with a further condition that the accused-applicants shall surrender before the trial Court, if charge-sheet is filed against them and, they are summoned to face trial for the offence in question; the accused-applicants shall be released on bail by the trial Court, if they surrender on issuing summons, on each of them furnishing a personal bond and, two sureties of the like amount to the satisfaction the trial Court concerned with the other conditions, as may be deem fit by the trial Court, including the conditions mentioned under Section 437 CrPC.
Order Date :- 23.2.2021MVS/-