Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 17586 of 2021 Applicant :- Vipin Jawla Opposite Party :- State of U.P.
Counsel for Applicant :- Pravindra Singh,Devendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Devendra Singh, learned counsel for the applicant, Sri B.B. Upadhyay, learned A.G.A. appearing for the State and perused the record.
At the very outset, learned counsel for the applicant states that he has not pressed the first prayer so far it relates to quashing the impugned order dated 25.8.2021 and has pressed the prayer so far it relates to grant of anticipatory bail application.
This anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant Vipin Jwala, seeking anticipatory bail, in the event of arrest in Case Crime No. 61 of 2021, under Sections 147, 149, 332, 336, 352, 353, 342, 504, 506, 34 I.P.C.
and Section 7 Criminal Law Amendment Act, Police Station- Kandhla, District Shamli.
Learned counsel for the applicant argued that although the applicant is named in the F.I.R. along with eight other named persons and there is a reference of 15-20 unknown persons to have participated in the present incident. It is argued that the implication of the applicant is false. Further it is argued that the allegation that the applicant along with other persons placed the dead body on the highway and disrupted the traffic, is incorrect. The F.I.R. has been lodged after two days of the incident. It is argued that naming of the applicant is on the basis of disclosure of name by some persons to the police but is not from any authentic source. It is argued that the applicant is a businessman. The incident had taken place by mob. The applicant has no other reported criminal antecedent as stated in para-11 of the affidavit.
Learned State counsel opposed the prayer for anticipatory bail. It is argued that a police constable has received injuries in the matter. The applicant is named in the F.I.R. and the applicant and other accused persons had disrupted the traffic and after intervention by the police, they resorted to stone pelting and assaulted the police personnels by sugar cane which were kept near the place of occurrence in a sugarcane centre.
After having heard learned counsels for the parties and perusing the record, it is evident that the F.I.R. has been lodged after two days of the incident naming the applicant and other accused persons. There is a reference of 15-20 unknown persons also being present at the place of incident. No specific role has been assigned to the applicant.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant Vipin Jwala, involved in Case Crime No. 61 of 2021, under Sections 147, 149, 332, 336, 352, 353, 342, 504, 506, 34 I.P.C. and Section 7 Criminal Law Amendment Act, Police Station- Kandhla, District Shamli, he shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on his furnishing a 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 disposed of.
(Samit Gopal,J.) Order Date :- 17.12.2021 Naresh