Radheshyam v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1943 of 2024 Applicant :- Radheshyam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Anurag Singh Counsel for Opposite Party :- G.A.,Narendra Gupta Hon'ble Karunesh Singh Pawar,J. The present application has been filed by the applicant seeking anticipatory bail in case crime No.509 of 2023 under Sections 323, 504, 506, 308 I.P.C., Police Station Laherpur, District Sitapur. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. This Court while granting interim protection vide order dated

28.08.2024 has passed the following order:- "Supplementary Affidavit filed by learned counsel for the applicant

is

taken

on

record.

The present application has been filed seeking anticipatory bail in case crime No. 509 of 2023 under Sections 323, 504, 506, 308 I.P.C., Police Station Laherpur, District Sitapur. Heard learned counsel for the applicant and learned Additional Government

Advocate

for

the

State.

Learned counsel for the applicant submits that cross First Information Reports have been lodged by both the sides. Three persons are injured in this case. All the three injured persons have not alleged the complicity of the applicant. Case of the applicant is distinct from the case of co-accused Alok Kumar, whose anticipatory bail application has been rejected on the basis of the statement of the injured in which his complicity was shown. The applicant has no previous criminal history. Learned A.G.A. has opposed the bail prayer and has submitted that injured Javed has suffered fracture in his parietal bone. Another injured Sabira has a swelling on her head, however he does not dispute the fact that the injured have not alleged complicity of the applicant. He prays for two weeks' time to file objections/counter

affidavit.

Issue

notice

to

respondent

No.2.

Steps

be

taken

within

a

week.

On due consideration to the above and prima facie from perusal of the record and the statement of the injured it appears that the applicant may have been falsely implicated and considering the fact that the applicant has no previous criminal history, charge-sheet in the case has been filed as also the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C till the next

date

of

listing.

Till the next date of listing, it is provided that in the event of arrest, the applicant-Radheyam shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court concerned

with

the

following

conditions:-

¶1that the applicant shall not leave India without the previous permission

of

the

court;

¶2that the applicant shall not pressurize/ intimidate the prosecution

witness;

¶3that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

¶4that in case of breach of any of the above conditions the court below shall have the liberty to cancel the anticipatory bail.

Such other reasonable conditions which the learned trial court may

deem

fit

may

be

imposed.

List on 19.9.2024." Learned counsel for the applicant submits that in compliance of order extracted above, the applicant has filed bonds and he has been enlarged on anticipatory bail. Learned counsel for the applicant further submits that charge-sheet in the matter has been filed. The applicant has co-operated in the investigation and further undertakes to cooperate in the trial. Applicant has no criminal history. Learned A.G.A. has opposed the bail application, however, could not dispute the fact that the applicant has cooperated in the investigation. He further submits that charge-sheet in the matter has been filed. On due consideration to the submissions advanced, perusal of the record and the fact that applicant has no criminal history, charge-sheet in the case has been filed, all the three injured persons have not alleged the complicity of the applicant in this case, the role of the applicant seems to be distinguished from the other co-accused persons, he has cooperated in the investigation, undertaking that he shall cooperate in the trial, as also considering the dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98 and without expressing any opinion on the merit of the case, I am of the opinion that the interim protection granted earlier vide order dated 28.08.2024 is liable to be and is hereby made absolute. The application is allowed accordingly. Order Date :- 18.12.2024 Saurabh Yadav/- High Court of Judicature at Allahabad, Lucknow Bench