Court No. - 75
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 20012 of 2021
Applicant :- Santosh Jaiswal And Another
Opposite Party :- State Of U.P Thru Secretary Home Lknw. And Another
Counsel for Applicant :- Shahabuddin,Jamaluddin Khan
Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over anticipatory bail application, under Section 438 Cr.P.C., moved by the applicants- Santosh Jaiswal and Jitendra Jaiswal, in Case Crime No. 230 of 2020, under Sections-147, 148, 323, 504, 506, 452, 307, 325 I.P.C.
Police Station-Jansa, District-Varanasi.
Learned counsel for the applicant argued that the accused-applicants are innocent; they have been falsely implicated in this very case crime number for which there is cross version and a Case Crime No. 170 of 2020, under Sections 147, 148, 336, 352, 504, 452, 323, 506, 307 I.P.C. as well as Section 7 of Criminal Law Amendment Act, Police Station-Jansa, District- Varanasi, was lodged by one Shivam against Ram Surat Maurya and 10 others; as a counterblast of the same this report has got lodged; there is apprehension of arrest of applicants by police hence application before the Sessions Court was moved by the applicants but, the same was rejected summarily; hence this anticipatory bail application with above prayer.
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.
Learned counsel for the informant vehemently opposed with this contention that in this very case crime number, anticipatory bail application of co- accused Smt. Nirmala Devi and others, in Criminal Misc. Anticipatory Bail Application No. 16554 of 2021, has been rejected by a coordinate Bench of this Court.
Having heard and gone through material placed on record it is being specifically mentioned that the order of rejection is not a basis for parity. The admitted fact is that there is cross version; both sides have sustained injuries; this report is by way of of application moving under Section 156(3) Cr.P.C.; it was not instantly registered by the police; which side was aggressor is a question to be seen by the trial Court but both sides have sustained injuries; hence, without expressing any opinion on the merits of the case, considering the law laid down by the Hon'ble Apex Court in the Case of Sushila Aggarwal Vs. State (NCT of Delhi) 2020 SCC Online SC 98, ground for grant of anticipatory bail is made out.
In case of arrest, the applicants, Santosh Jaiswal and Jitendra Jaiswal, is directed to be enlarged on anticipatory bail in above case crime number, on their furnishing personal bond of Rs. 50,000/- and two sureties each of like amount to the satisfaction of Station House Officer of police station/ court concerned with the following conditions:-
(i) The applicants shall make themselves available for interrogation by the police officer as and when required, if investigation is in progress;
(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 such person from disclosing such facts to the Court or to any police officer;
(iii) The applicants shall not leave the country 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/Court concerned;
In default of any of the conditions, the Investigating Officer/Government Advocate is at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicants.
The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order.
A copy of this order shall also be produced before the S.P/S.S.P concerned by the applicants, within a week, if the investigation is still in progress, who shall ensure compliance of this order.
With the aforesaid observations, this anticipatory bail application is finally disposed off.
Order Date :- 24.12.2021 Deepak/
Digitally signed by RAM KRISHNA GAUTAM Date: 2021.12.24 13:27:23 IST Reason: Document Owner Location: High Court of Judicature at Allahabad