Sher Singh and Another v. State of U.P. and 3 Others

Court No. - 71 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10509 of 2023 Applicant :- Sher Singh And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Tarun Jha,Aastha Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J.

¶1Vide order dated 25.09.2023, notice was directed to be issued to opposite party no.2. As per office report dated 28.10.2023, the house of the informant was locked, due to this reason, notice could not be served.

¶2Heard learned counsel for the applicants and learned Additional Government Advocate for the State.

¶3This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Complaint Case No.06 of 2022, under Sections 354-B, 323, 504, 506 IPC and 7/8 POCSO, Police Station Kotwali Konch, District Jalaun.

¶4Learned counsel for the applicants submits that applicants have been falsely implicated in the present case just to harass the applicants. It is a complaint case. He further submits that similarly placed co-accused persons, namely, Vipin, Kallu and Chandra Shekhar have been granted anticipatory bail by a coordinate Bench of this Court vide order dated 06.11.2023 passed in Criminal Misc. Anticipatory Bail Application Nos.10534 and 9980 of 2023, copy of the same has been placed on record.The applicants are having no previous criminal history as has been mentioned in paragraph no.26 of the affidavit.

¶5Learned A.G.A. has opposed the prayer for anticipatory bail of the applicants but could not dispute the above facts.

¶6Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicants, applicants are directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. The future contingencies regarding anticipatory bail being granted to applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.

¶7In the event of arrest, the applicants shall be released on anticipatory bail. Let the applicants-Sher Singh and Nitin, involved in the aforesaid complaint case be released on anticipatory bail till conclusion of trial on furnishing a personal bond of Rs.50,000/-with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-

(i) 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.

(ii) The applicants shall not leave the country during the currency of trial without prior permission from the concerned trial Court.

(iii) The applicants shall surrender their passport, if any, to the concerned Court forthwith. Their passport will remain in custody of the concerned Court.

(iv) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicants.

(v) In case, the applicants misuse the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC

98.

(vi) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against them in accordance with law.

¶8In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.

¶9With the aforesaid observations/ directions, the application is disposed of. Order Date :- 17.11.2023 Ajeet High Court of Judicature at Allahabad