Vijendra Pratap Singh v. State of U.P. and 2 Others

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11360 of 2023 Applicant :- Vijendra Pratap Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Bal Mukund Singh,Surya Dev Counsel for Opposite Party :- G.A.,Kamal Dev Singh Chanchal Hon'ble Nalin Kumar Srivastava,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material available on record.

¶2Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant -Vijendra Pratap Singh in Case Crime No.0368 of 2023, under Sections 307, 504, 506 IPC, Police Station - Shivpur, District - Varanasi (Varuna Commissionerate).

¶3It is alleged in the F.I.R. that the parties belong to the same family and they have family dispute on account of which, the present applicant with intention to kill the son of the informant opened fire by his pistol but anyhow he escaped. The F.I.R. was lodged on 13.08.2023 and investigation started, which is still going on.

¶4It has been submitted by the learned counsel for the applicant that applicant is innocent and he has apprehension of arrest in the above-mentioned case, whereas there is no credible evidence against him. Allegations levelled against the applicant are false. Investigation is going on in the matter. In case applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail.

¶5It is further submitted that the whole prosecution story is totally frivolous and fabricated. The F.I.R. of this case has been lodged three days after the incident without any plausible explanation of delay. It is further submitted that it is no injury case and as a matter of fact, no injury has been caused to the son of the informant. It is further submitted that the criminal history of the present applicant has been explained. It is also submitted that even in the CCTV footage, the applicant had not opened fire in the balcony of the informant. It is further submitted that he has been cooperative during the course of investigation and as such, he is entitled for anticipatory bail.

¶6Learned A.G.A. as well as learned counsel for the informant opposed the prayer and it has been submitted that in the CCTV footage, the present applicant is clearly shown while making fire in the varandha of the house of the informant. It is further submitted that the applicant has a huge criminal history to his credit and he is a man of criminal antecedents. It is also submitted that the explanation for delay of lodging in the F.I.R. has been mentioned in itself and as such, accused applicant is not entitled for anticipatory bail.

¶7In the present case, the investigation of the case is going on and no fire arm injury has been caused to any person.

¶8In Sushila Aggarwal and others vs. State (NCT of Delhi) and another,

(2020) 5 SCC 1, the Hon'ble Apex Court has held that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, llikelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion.

¶9In Siddharth Vs. State of Uttar Pradesh & Another, (2022) 1 Supreme Court Cases 676, the Hon'ble Apex Court has held that personal liberty is an important aspect of our constitutional mandate. The occasion to arrest an accused during investigation arises when custodial investigation becomes necessary or it is a heinous crime or where there is a possibility of influencing the witnesses or accused may abscond. Merely because an arrest can be made because it is lawful does not mandate that arrest must be made. A distinction must be made between the existence of the power to arrest and the justification for exercise of it. If arrest is made routine, it can cause incalculable harm to the reputation and self-esteem of a person. If the Investigating Officer has no reason to believe that the accused will abscond or disobey summons and has, in fact, throughout cooperated with the investigation, then there is no compulsion on the officer to arrest the accused.

¶10Considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion of the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till filing of police report under Section 173(2) Cr.P.C. in the matter.

¶11The application is allowed.

¶12In the event of arrest of the applicant, he shall be released on anticipatory bail on his furnishing a personal bond of Rs.50,000/-with two sureties each in the like amount to the satisfaction of Station House Officer of the police station concerned with the following conditions:-

(i) The applicant shall make himself available for interrogation by a police officer 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/her from disclosing such facts to the Court or to any police office.

(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.

¶13In case of default of any of the conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of interim protection granted to the applicant. Order Date :- 8.11.2023 Shivangi High Court of Judicature at Allahabad High Court of Judicature at Allahabad