Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 15718 of 2021 Applicant :- Vijaypal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yogendra Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Yogendra Pal Singh, learned counsel for the applicant and Sri Raj Kumar Gupta, learned counsel for the State and perused the record.
The applicant was granted interim anticipatory bail vide order dated 24.09.2021 by a co-ordinate Bench of this Court. The said order is quoted herein below:-
"Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Present application has been filed by the applicant, namely, Vijaypal invoking the powers of Section 438 Cr.P.C. stating therein that he reasonably apprehends his arrest by the police for having committed a non-bailable offence registered vide Case Crime No. 176 of 2021, under Sections 147, 148, 149, 307, 329, 188, 269, 270, 271 IPC, Section 3 of Epidemic Act and Section 7 Criminal Law Amendment Act, Police Station- Parikshitgarh, District- Meerut.
Perusal of the record shows that the prayer for anticipatory bail has already been rejected by the court below vide its order dated 6.7.2021.
It is further germane to point out here that prior notice of this anticipatory 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., 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 applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has further submitted that there was some scuffle between the two parties for illegal encroachment over chakroad. On getting information, the police party also reached there. Both the groups started firing upon each other, however in the said incident, nobody has suffered any injury.
Learned counsel for the applicant has further submitted that the applicant has no criminal antecedents and has not been convicted by any court of law. He has further submitted that the applicant shall render all co-
operation and assistance to the investigative Authorities in carrying out the investigation. He has further submitted that there is no possibility of applicant fleeing away from judicial process or tampering with the evidence. The applicant is ready to furnish a personal bond and reliable sureties.
Learned counsel for the applicant has also placed implicit reliance upon the decisions reported in (2014) 8 SCC 273 Arnesh Kumar vs State of Bihar and another and (1994) 4 SCC 260 Joginder Kumar vs State of U.P. and others.
Per contra, learned AGA has vehemently opposed the prayer for bail and has submitted that looking to the seriousness and gravity of the offence, the applicant is not entitled for indulgence of this Court.
Looking to the facts of the case and submissions made, a case for granting anticipatory bail to the applicant is made out pending investigation.
Without expressing any opinion on the merits of the case, the Court directs that in the event of arrest of the applicant in the aforesaid case crime number, he shall be released on bail on furnishing a personal bond of Rs.50,000/- with two sureties of the like amount to the satisfaction of arresting officer till the submission of report under Section 173(2) CrPC by the Investigating Officer subject to the following conditions that :
(i) The applicant shall make himself available for the interrogation by the police as and when required. The Investigating Officer of the case would give 48 hours prior notice or telephonically inform the concerned accused-applicant to remain available to him for the purposes of interrogation and the accused-applicant is obliged to abide by such directions.
(ii) The applicant shall not directly or indirectly make any inducement, threats or comments to any person acquainted with the facts of the case so as to dissuade him from disclosing the correct facts to the court or to the police officer.
(iii) The Investigating Officer of the case would make all necessary endeavour to gear up the investigation in utmost transparent and professional way and would try to conclude the same within a maximum period of 90 days. During this period the accused-applicant would not leave the State of Uttar Pradesh without informing the Investigating Officer of the case and sharing his contact number.
(iv) In the event the applicant is having his passports, he will have to surrender the same before the concerned SP/SSP of the District till the submission of report u/s 173(2) Cr.P.C.
In the event, the applicant breaches or attempts to breach any of the aforesaid conditions or willfully violates above conditions or abstains himself from the investigation, it would be open for the Investigating Officer or the concerned authority to apply before the court of Session for cancellation of interim protection and the Court of Session has every liberty and freedom to revoke the anticipatory bail after recording the reasons for the same.
Learned A.G.A. shall file counter affidavit soon after submission of report under section 173(2) Cr.P.C. or 90 days, whichever is earlier.
The instant protection would continue till the submission of charge sheet or 90 days, whichever is earlier.
List this anticipatory bail application after two months before appropriate Court."
Since the applicant has been granted interim anticipatory bail vide order dated 24.09.2021, the same is hereby made absolute till filing of police report under Section 173(2) Cr.P.C. for the reasons as given in the said order on his furnishing a fresh personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicant shall make himself available for interrogation by a police office as and when required;
(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 him from disclosing such facts to the Court or to any police officer;
(iii) the applicant shall not leave India 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.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order..
The present anticipatory bail application is allowed.
Order Date :- 24.12.2021 M. ARIF (Samit Gopal, J.)