The present application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in F.I.R. No.424 of 2019, registered under Section 392 IPC, Police Station Malihabad, District Lucknow.
Allegations in the FIR are that the complainant who is working as Field Officer in Bandhan Bank, Branch Malihabad was coming back from the field on 25.09.2019 at around 11:15 A.M. and as soon as she reached Village Manejabhari Saifalpur Purwa Jaitikhera, three miscreants waylaid her. When she did not stop, one of the accused hit her on her head by a danda on which she fell down from her scooty and thereafter, the miscreants assaulted the complainant with danda and snatched Rs.22,000/- which were in the bag along with other documents.
Despite the service of notice, no one has put in appearance on behalf of respondent no.2.
Mr. Sandeep Kumar Trivedi, learned counsel for the accused-applicant submits that the applicant has passed out Class-XII and he is pursuing his degree. The accused-applicant is minor and he has been falsely implicated in the case. There is no evidence against him except for the statement of the co-accused. He further submits that the incident had taken place in day light on a public busy road and, therefore, it was not possible that no witnesses would have spotted the accused-applicant. He submits that whole career of the accused-applicant is at stake and, therefore, he may be enlarged on anticipatory bail.
On the other hand, Sri Ashwani Kumar Singh, learned AGA submits that the offence is serious one inasmuch as a lady bank official was assaulted and her documents along with money was snatched from her. He also submits that besides the statement of the co-accused, there are witnesses, who witnessed the incident. He further submits that there is no motive to falsely implicate the accused-applicant. His name has been cropped up during the course of investigation and, therefore, at this stage when the recovery has to be affected from the accused-applicant, it is not a case where this Court should exercise its powers under Section 438 Cr.P.C. to enlarge the accused-applicant on anticipatory bail.
I have considered the submissions of the parties carefully.
Considering the nature of the offence and the fact that a lady bank official, who was going to deposit Rs.22,000/- of the bank money, was waylaid and assaulted by the accused-applicant and her papers, including the ID and Rs.22,000/- were snatched from her, this Court does not think it appropriate to enlarge the accused-applicant on anticipatory bail.
Thus, the anticipatory bail application is rejected.
However, despite dismissal of the anticipatory bail application, it is provided that if the accused-applicant surrenders before the trial court and applies for regular bail on or before 3.1.2020, his bail application should be considered and decided expeditiously in accordance with the law laid down by the Supreme Court in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC).
Till 3.1.2020, no coercive measure shall be taken against the accused-applicant.
Order Date :- 19.12.2019 Rao/-