Prashant Kumar and 2 Others v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11928 of 2023 Applicant :- Prashant Kumar And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Kumar Pal Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Dhirendra Kumar Pal, learned counsel for the applicants and learned A.G.A. for the State as well as perused the record.

¶3The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No.156 of 2023, registered under Sections 147, 148, 149, 307, 504, 506, 120-B, 419, 420 I.P.C. at Police Station-Aunchha, District-Mainpuri with a prayer to enlarge them on anticipatory bail.

¶4As per prosecution story, the informant is stated to have purchased the land from the father of the applicants on

9.10.1995 for a consideration of Rs.29,000/-, subsequent to it, the father of the applicants had expired in the year 2017 and the applicants are stated to have again sold the said land to other persons on 23.6.2022. Subsequent to it, the applicants alongwith 20-25 unknown persons are stated to have gone to take possession of the said land illegally from the informant and fired at him which did not hit either of the family members of the informant on 26.5.2023 at about 11:00 a.m.

¶5Learned counsel for the applicants has stated that the applicants have been falsely implicated in this case. Learned counsel has stated that the matter of civil nature has been converted into criminal one and the false allegation of firing has been leveled against the applicants as no injury has been sustained by anybody. Learned counsel has stated that the applicants have no criminal antecedents to their credit.

¶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. The applicants have apprehension of their arrest. Learned counsel has stated that the applicants undertake that they have co-operated in the investigation and are ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.

¶7Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicants.

¶8On due consideration to the arguments advanced by learned counsel for the applicants as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicants, the applicants are liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi),

(2020) 5 SCC 1". The future contingencies regarding the anticipatory bail being granted to applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.

¶9In view of the above, the anticipatory bail application of the applicants is allowed. Let the accused-applicants-Prashant Kumar, Bhuvnesh and Sukh Devi, be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(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 them 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 the previous permission of the court;

(iv). that in case charge-sheet is submitted 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 is exempted;

(vii). that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.

¶10It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial. Order Date :- 1.11.2023/ Vikas [Krishan Pahal, J.] High Court of Judicature at Allahabad