Asharfi Lal and 2 Others v. State of U.P. and Another

Court No. - 71 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13139 of 2023 Applicant :- Asharfi Lal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shaloo Singh,Ravi Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J.

¶1Heard Ms Shaloo Singh, 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 Case Crime No. 190 of 2022, under sections 147, 149, 323, 504, 308, 352, 325 IPC, P.S. Kotwali Katra, District Mirzapur, during the pendency of trial.

¶3Learned counsel for the applicants submits that applicants are innocent and have apprehension of arrest in the above mentioned case, whereas there is no credible evidence against them. It is submitted that the injured in his statement has stated that the main role is assigned to the co accused Ramesh Sahu but during investigation, he has been exonerated and the charge sheet has been submitted against the applicants only. It is further submitted that the injuries sustained by the injured are simple in nature. It is further submitted that applicants' side has also sustained injuries and in this regard they have also filed application under Section 156(3) Cr.P.C. before the court below which has been treated as complaint and the same has been dismissed against which revision is filed and the same has also been dismissed. It is further submitted that thereafter criminal writ under Articel 227 of the Constitution of India is pending before this Court. It is further submitted that there is no criminal history of the applicants. The applicants are having definite apprehension that they may be arrested by the police any time.

¶4Learned AGA has opposed the prayer for bail, but could not dispute the said facts.

¶5Hence 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 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 Asharfi Lal, Aniket and Anurag Verma, involved in the aforesaid crime be released on anticipatory bail on each of them 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:-

(1) 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;

(2) 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; and

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

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

(5) 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.

(6) 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.

(7) 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 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 stands disposed of. Order Date :- 12.12.2023 RavindraKSingh High Court of Judicature at Allahabad