As per Resolution dated 07.04.2021 of the Committee of this Court for the purpose of taking preventive and remedial measures and for combating the impending threat of Covid-19, this case is being heard by way of virtual mode.
Heard SriOm Prakash Singh,learned Senior Advocateassisted by Sri Indra Jit Singh,learned counsel for the applicant and learned A.G.A for the State through video conferencing.
The instant anticipatory bail application has been filed on behalf of the applicants,Ram Mohan Singh @ Ram Babu Singh, Dharmendra Singh and Pintoo Chandel,with a prayer to release them on bail in Case Crime No. 16-A of 2005, under Sections- 147, 148, 149, 323, 504, 506, 336, 448, 342and 426 IPC read with Section 7 Criminal Law Amendment Act, Police Station- Naubasta, District-Kanpur Nagar, during pendency of trial.
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 and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P.,hence, 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.
The applicants have filed a second anticipatory bail application. They have already unsuccessfully challenged the charge sheet by way of application under Section 482(1) Cr.P.C dated 21.01.2006.
In view of the paragraph 43(8) of the judgment passed by this Court in Crl. Misc. Anticipatory Bail Application No. 2110 of 2021, Shivam Vs. State of U.P and Another, this anticipatory bail application cannot be considered. It is accordingly rejected.
Having heard learned counsel for the parties and upon perusal of material brought on record as well as present situation of irregular working of Courts on account of spread of novel corona virus and also consequent threat to accused in surrender and subjection to normal process of bail, they deserve to be enlarged on anticipatory bail for a period of 60 days on furnishing a personal bond of Rs. 50,000/- each with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station/ concerned Court, subject to 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 passports, 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 downloaded 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 :- 28.5.2021 Rohit