Arvind Chauhan and 2 Others v. State of U.P. and Another

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11908 of 2023 Applicant :- Arvind Chauhan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shashi Dhar Goswami Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Shashi Dhar Goswami, learned counsel for the applicants and Sri R.P. Patel, 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. 181 of 2023, under Sections 147, 148, 149, 323, 324, 504, 506, 336 & 392 of IPC, Police Station Ahraura, District Mirzapur, with a prayer to enlarge them on anticipatory bail.

¶4As per prosecution story, the informant and his other companions were enjoying the party at Lakhaniya Dari at District-Mirzapur. The applicants along with 7 other named accused persons are stated to have come there and assaulted them with lathi, danda, axe and stone, as such causing injuries to six persons in all.

¶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 injures are simple in nature. The FIR stands falsified on the ground that no lady has sustained any injury in the said matter. The true story is that the informant and his companions were already drunk and had an altercation amongst themselves and got injured. After intervention of members of the locality, the matter was settled but the FIR has been instituted against them instead. Learned counsel has next stated that the FIR is delayed by about 8 hours and there is no explanation of the said delay caused.

¶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, Arvind Chauhan, Chandan Chauhan and Mahesh, 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 :- 31.10.2023 Siddhant High Court of Judicature at Allahabad