Avdhesh and Another v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11864 of 2023 Applicant :- Avdhesh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Shukla,Vishakha Dubey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Anurag Shukla, learned counsel for the applicants and Sri Vipin Kumar, learned A.G.A. for the State and also perused the material available on record.

¶3The present anticipatory bail application has been filed on behalf of the applicants in F.I.R./Case Crime No. 160 of 2020, under Sections 308, 323, 504, 506 of IPC, Police Station Sahail, District Auraiya, with a prayer to enlarge them on anticipatory bail.

¶4As per prosecution story, the main accused person Yogendra along with applicants and one Shivam are stated to have assaulted the informant on

02.05.2020 at about 06:00 AM. There are allegations of assaulting by fawda to Yogendra.

¶5Learned counsel for the applicants has stated that they are maliciously being prosecuted in the present case due to ulterior motive and have apprehension of their arrest. They have nothing to do with the said offence as alleged by the prosecution. Learned counsel has further stated that initially, the FIR was instituted u/s 307, 452, 504, 323, 506 of IPC and the final report (charge-sheet) has been filed u/s 504, 323, 506, 308 of IPC. The role of assault by fawda has been assigned to Yogendra who has been exonerated by the police and a closure report has been filed with respect to him, as such, the prosecution story stands falsified. Learned counsel has further stated that the FIR is delayed by four months and even the application u/s 156(3) Cr.P.C. has been moved on 23.06.2020 which is also delayed by one month 20 days.

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

¶7On the other hand, learned A.G.A. has vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicants and also the fact that the applicants have 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 applicants are 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 applicants is allowed.

¶10In the event of arrest of the applicants, Avdhesh and Jai Narayan 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 applicants shall make themselves available for interrogation by a police officer as and when required; ii. that 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence; iii. that the applicants shall not leave India without previous permission of the court; iv. that the applicants shall not tamper with the evidence during the trial; v. that the applicants shall not pressurize/ intimidate the prosecution witness; vi. that the applicants shall appear before the trial court on each date fixed unless personal presence are 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 applicants.

¶12It is made clear that observations made in granting anticipatory bail to the applicants 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 :- 30.10.2023 Siddhant High Court of Judicature at Allahabad