Onkar Arora @ Omkar v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11465 of 2023 Applicant :- Onkar Arora @ Omkar Opposite Party :- State of U.P. Counsel for Applicant :- Pawan Singh Pundir Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Pawan Singh Pundir, learned counsel for the applicant and Sri Manoj Kumar Mishra, learned counsel for the informant as well as Sri V.K.S Parmar, learned A.G.A. for the State and also perused the record.

¶3The present anticipatory bail application has been filed on behalf of the applicant in Complaint Case No. 233 of 2020, under Sections 341, 326, 504 & 506 of IPC, Police Station Kotwali Nagar, District Saharanpur, with a prayer to enlarge him on anticipatory bail.

¶4As per prosecution story, the complainant is stated to have applied for allotment of shop no. 05/1658 J-21 which was being run as Chanda Dairy in the name of his wife. On 26.08.2020 at about 06:00 PM, the applicant is stated to have assaulted the complainant and is even stated to have broken his tooth.

¶5Learned counsel for the applicant has stated that the applicant is maliciously being prosecuted in the present case due to ulterior motive and has apprehension of his arrest. He has nothing to do with the said offence as alleged by the prosecution. Learned counsel has further stated that the complaint case has been filed after a delay of 20 days and there is no explanation of the said delay caused. A fake injury report has been made by the complainant in collusion with the doctors. Learned counsel has further stated that the impugned summoning order dated 16.07.2022 is a cryptic one and has been passed without application of mind.

¶6Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. It is further submitted that the applicant has no criminal history. In case, the anticipatory bail application of the applicant is allowed, he will not misuse the liberty and shall cooperate with trial.

¶7On the other hand, learned counsel for the informant as well as learned A.G.A. have vehemently opposed the prayer for grant of anticipatory bail on the ground that the applicant had filed Revision u/s 397 Cr.P.C. against the said summoning order but failed and, as such, he preferred a petition u/s 227 before this very court which is still pending. However, they could not dispute the fact that the applicant has no criminal history.

¶8Considering the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98", the applicant is entitled to be granted anticipatory bail in this case.

¶9Without expressing any opinion upon ultimate merits of the case either ways which may adversely affect the trial of the case, the anticipatory bail application of the applicant is allowed.

¶10In the event of arrest of the applicant, Onkar Arora @ Omkar involved in the aforesaid case crime number, shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:- i. that the applicant shall make himself available for interrogation by a police officer as and when required; ii. that 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 or tamper with the evidence; iii. that the applicant shall not leave India without previous permission of the court; iv. that the applicant shall not tamper with the evidence during the trial; v. that the applicant shall not pressurize/ intimidate the prosecution witness; vi. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

¶11In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant.

¶12It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. (Justice Krishan Pahal) Order Date :- 17.10.2023 Siddhant High Court of Judicature at Allahabad