Court No. - 75
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19056 of 2021
Applicant :- Shashwat Tiwari
Opposite Party :- State Of U.P..And Another
Counsel for Applicant :- Shashi Kant Mishra,Satyendra Narayan Singh
Counsel for Opposite Party :- G.A.,G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over anticipatory bail application, under Section 438 Cr.P.C., moved by the applicant- Shashwat Tiwari, in Case Crime No. 14 of 2021, under Sections-380, 394, 411 and 120-B I.P.C. Police Station-Machhalishahar, District-Jaunpur.
Learned counsel for the applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number; there is apprehension of arrest of the applicant; First Information Report was instantly got lodged on the day of occurrence under Section 380 of I.P.C. against three unknown miscreants; no contention with regard to robbery or exhortation is there; offence punishable under Section 394 I.P.C. is made out neither it was registered; there is no recovery from the applicant hence offence punishable under Section 411 I.P.C. is also not made out, there is apprehension of arrest of the applicant; anticipatory bail application moved before the Sessions Court, where it 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 A.G.A. vehemently opposed the anticipatory bail but, could not show the presence of ingredients for offence punishable under Sections 394 as well as 411 I.P.C. and has fairly admitted that that offence under these two sections are not made out against the applicant.
Having heard and gone through material placed on record it is apparently clear that offence of robbery or recovery of stolen article is not there and even the Sessions Judge, Jaunpur, in his order dated 29.09.2021, while rejecting anticipatory bail application, had not written reasons for rejection of anticipatory bail, at least the accusation and the material forming the alleged offence is to be considered by a judicial officer, while passing a judicial order, the orders should not be in a cursory way; however, in this case, considering these facts and circumstances of the case, but without expressing any opinion on the merits of the case, and 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 applicant, Shashwat Tiwari, is directed to be enlarged on anticipatory bail in above case crime number, till the submission of police report, if any, under Section 173(2) Cr.P.C. before the competent court on his 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 applicant shall make himself available for interrogation by the police officer as and when required, if investigation is in progress;
(ii) The 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 such person from disclosing such facts to the Court or to any police officer;
(iii) The applicant shall not leave the country without the previous permission of the Court and if he has passport, the same shall be deposited by him 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 applicant.
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 applicant, within a week, if the investigation is still in progress, who shall ensure compliance of this order.
This anticipatory bail application is finally disposed off.
Order Date :- 21.12.2021 Deepak/