Anand Pal v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11873 of 2023 Applicant :- Anand Pal Opposite Party :- State of U.P. Counsel for Applicant :- Shailendra Kumar Tripathi Counsel for Opposite Party :- G.A.,Ram Babu Singh,Sandeep Kumar Hon'ble Krishan Pahal,J.

¶1List has been revised. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record.

¶2Heard Sri Shailendra Kumar Tripathi, learned counsel for the applicant, Sri Ram Babu Singh, learned counsel for the informant and Sri Sunil Kumar, learned A.G.A. for the State and also perused the record.

¶3The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 251 of 2023, under Sections 307, 504, 506 of IPC, Police Station-Indergarh, District-Kannauj, with a prayer to enlarge him on anticipatory bail.

¶4As per prosecution story, the applicant along with co-accused person is stated to have fired at the informant, which did not hit him. Two bullets were recovered from the place of occurrence on

29.08.2023.

¶5Learned counsel for the applicant has stated that this is a no injury case and the applicant is maliciously being prosecuted in the present case due to ulterior motive and has apprehension of his arrest. Learned counsel has further stated that there are three criminal cases assigned to the applicant, which have been explained in para-3 of the supplementary affidavit. In case, the anticipatory bail application of the applicant is allowed, he will not misuse the liberty and shall cooperate with trial.

¶6On the other hand, learned A.G.A. has vehemently opposed the prayer for grant of anticipatory bail on the ground that in the C.C.T.V. footage, the applicant has been found present at the scene of occurrence and he is inimical to informant and is threatening by writing derogatory post on Facebook.

¶7Considering 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 applicant is entitled to be granted anticipatory bail in this case.

¶8Without 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 applicant is allowed.

¶9In the event of arrest of the applicant-Anand Pal 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 applicant shall make himself available for interrogation by a police officer as and when required; ii. that 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 from disclosing such facts to the court or to any police officer or tamper with the evidence; iii. that the applicant shall not leave India without previous permission of the court; iv. that the applicant shall not tamper with the evidence during the trial; v. that the applicant shall not pressurize/ intimidate the prosecution witness; vi. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

¶10In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant.

¶11It is made clear that observations made in granting anticipatory bail to the applicant 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 :- 17.11.2023/Saif High Court of Judicature at Allahabad