Vishwanath Singh and Another v. State of U.P

Court No. - 71 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13410 of 2023 Applicant :- Vishwanath Singh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ram Ashish Pandey Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J.

¶1Heard Sri Ram Ashish Pandey, learned counsel for the applicants and learned Additional Government Advocate for the State.

¶2This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Special Complaint Case No.945 of 2022, under Sections 147, 148, 149, 307, 452, 506 IPC, Police Station-Ekdil, District-Etawah.

¶3As per prosecution story, the complaint case was filed by the complainant against the applicants and other co-accused persons of having assaulted the complainant and her husband with the weapons they were carrying in their hands on 14.04.2022 at about 06:00 PM.

¶4Learned counsel for the applicants submitted that the applicants have been falsely implicated in the present case. He submitted that they are maliciously being prosecuted in the present case. There is no sign of danger of life to the injured. He submitted that the complaint case has been filed after a delay of 20 days. The CT Scan of the injured person Sridevi was conducted on 23.04.2022 i.e. 9 days after the incident and it is mentioned in it that she had sustained injuries six days before. All the allegations are fake as the applicant has not been assigned the role of assault. He further submitted that co-accused Prem Singh, Veer Singh, Amit Singh and Guddi Devi, who have already been granted anticipatory bail by co-ordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.12127 of 2023, vide order dated 23.11.2023, copy of the same is produced by learned counsel for the applicant, is kept on record. Learned counsel for the applicants further submitted that applicants have apprehension of imminent arrest and in case, applicants are released on anticipatory bail, they will not misuse the liberty and would co-operate with the trial.

¶5Learned A.G.A. has opposed the prayer for anticipatory bail of the applicants but could not dispute the submissions raised by learned counsel for the applicants.

¶6Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicants, they 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 applicant 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-Vishwanath Singh and Vishram Singh, involved in the aforesaid case crime be released on anticipatory bail 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 co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation.

(ii) 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.

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

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

(v) 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.

(vi) In case, the applicants misuses 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.

(vii) 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 their bail and proceed against his 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 applicant.

¶9With the aforesaid observations/ directions, the application stands allowed. Order Date :- 5.12.2023 Krishna* High Court of Judicature at Allahabad