Allowed

Harish Chandra Maurya v. State of U.P. and Another

Allahabad HC20 Jul 2021ABAIL/10676/2021

Case brief

AI extract

What is this about?

In an anticipatory bail application under CrPC 438, the Allahabad High Court held that a petitioner can approach the High Court directly without first seeking bail from the Court of Session. The Court allowed the application, citing prior false implication and lack of antecedents, subject to specific conditions including a bond and cooperation with the investigation.

What did the court decide?

Anticipatory bail allowed in Case Crime No.88 of 2021, subject to a personal bond of Rs. 50,000 and specific conditions regarding appearance, investigation cooperation, and non-interference.

Harish Chandra Maurya Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2021)

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Court No. - 67

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10676 of 2021

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Applicant :- Harish Chandra Maurya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Indra Dev Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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(1) Heard Shri Indra Dev, learned counsel for the applicant and learned A.G.A. Perused the record.

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(2) By means of the present application the applicant, Harish Chandra Maurya is seeking protection keeping in view the imminent threat being arrested by the police in Case Crime No.88 of 2021, u/s 147, 148, 323, 504, 506, 308, 304 I.P.C., Police Station-Barsathi, District-Jaunpur.

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(3) From the record it is evident that the applicant has approached this Court straightaway without getting his anticipatory bail rejected from the Court of Session.

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(4) Learned counsel for the applicant has drawn attention of the Court to Clause-7 of Section 438 Cr.P.C. (U.P. Act No.4 of 2021), which read thus :

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" (7) If an application under this section has been made by any person to the High Court, no application by the same person shall be entertained by the Court of Session. "

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After interpreting the aforesaid clause it is clear that the Legislature in its wisdom bestowed two avenues open for the accused. If the accused has chosen to come to the High Court straightaway, then he would not be relegated back to exhaust his remedy before the Court of Session first.

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(5) Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P. , hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A. as per Section 438(3) Cr.P.C. (U.P. Amendment) is not required.

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(6) It has been contended by the learned counsel for the

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applicant that the applicant has got no criminal antecedents and he has not undergone any imprisonment after conviction by any court of law in relation to any cognizable offence previously. An assurance was also advanced by learned counsel for the applicant on behalf of the applicant that he would render all requisite co-operation and assistance in the process of law and with the investigating agency and shall not create any hindrance to reach to its logical conclusion and shall not flee away from the course of justice.

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(7) Learned counsel for the applicant has strenuously argued that the applicant has been made target just to besmirch his reputation and belittle him in the public estimate by the informant. Number of arguments were advanced by learned counsel for the applicant to demonstrate the falsity of the accusation made in the FIR against the applicant by the informant. Learned counsel for the applicant has also relied upon the judgements in the cases of Arnesh Kumar vs State of Bihar and another, (2014) 8 SCC 273; Joginder Kumar vs State of U.P. and others (1994) 4 SCC 260 and Sanaul Haque vs State of U.P. and another, 2008 Cri. LJ 1998 , to buttress his contentions.

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(8) In the case of Arnesh Kumar ( supra ) Hon'ble Apex Court has opined that the pith and core is that the police officer before arrest must put questions to himself, Why arrest?, Is it really required?, What purpose it will serve? What object it will achieve? If it is only after these questions are addressed and one or other conditions, as enumerated above, are satisfied, the power of arrest needs to be exercised. Before the arrest the police office should have a reason to believe on the basis of information and material that the accused has committed the offence. Apart from this, the police officer has to satisfy further that the arrest is necessary for one or more purposes envisaged in sub-clauses (a) to (e) to Clause-1 of Section 438 Cr.P.C.

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(9) In this backdrop of legal proposition, learned counsel for the applicant has submitted that for the incident of 13.4.2021 the FIR came into existence on 6.5.2021 under the aforesaid sections of I.P.C. against five named and five unknown persons levelling an omnibus and general allegation of assault upon the deceased Binda Prasad Yadav. The postmortem report of the deceased also indicates that he has sustained old contusions over his person and the cause of death, as per opinion of doctor, is due to cardio respiratory arrest as a result of antimortem myocardial infarction. The injured too has sustained injuries over his person. A general and omnibus role of wielding lathi has been attributed to all the accused persons on the eve of recent Pradhan elections. There was a deep rooted animosity on

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account of Pradhan elections, under circumstances, false implication of the applicant cannot be ruled out.

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(10) Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application by mentioning that though the applicant has got no criminal antecedents but there is nothing on record to satisfy that the police personnel are after the applicant to arrest him. The alleged apprehension on behalf of applicant is imaginary and unfounded one. Learned A.G.A. has also submitted that in view of the seriousness of the allegations made in the F.I.R., the applicant is not entitled for any relaxation from this Court.

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(11) After considering the record of the case as available before the Court, in the light of rival submissions made at the Bar and keeping in view the nature and gravity of the accusation, antecedents of the applicant, his undertaking to make himself available to the authorities whenever required, the Court feels satisfied that it would be expedient to grant an order of anticipatory bail in favour of the applicant. Thus instant Anticipatory Bail stands ALLOWED.

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(12) Without expressing any opinion upon ultimate merits of the case either ways which may be adversely affect the investigation and subsequent stage of the case, the Court directs that in the event of arrest of the applicant in aforesaid case crime, they shall be released on bail on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Arresting Officer with the conditions that :

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(i) The applicant shall make himself available for the interrogation by the police as and when required. The Investigating Officer of the case would give 48 hours prior notice or telephonically inform the concerned accusedapplicant to remain available to him for the purposes of interrogation and the accused-applicant is obliged to abide by such directions.

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(ii) The applicant shall not directly or indirectly make any inducement, threats or comments to any person acquainted with the facts of the case so as to dissuade him from disclosing the correct facts to the court or to the police officer.

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(iii) The Investigating Officer of the case would make all necessary endeavour to gear up the investigation in utmost transparent and professional way and would try to conclude the same within a maximum period of 90 days. During this period the accused-applicant would not leave the State of Uttar Pradesh without informing the Investigating Officer of the case

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and sharing his contact number.

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(iv) In the event the applicant is having the passport, he will have to surrender the same before the concerned SP/SSP of the District till the submission of report u/s 173(2) Cr.P.C.

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(13) In the event, the applicant breaches or attempts to breach any of the aforesaid conditions or wilfully violate above conditions or abstains himself from the investigation, it would be open for the Investigating Officer or the concerned authority to apply before the court of Session for cancellation of bail and the Court of Session has every liberty and freedom to revoke the anticipatory bail after recording the reasons for the same. Order Date :- 20.7.2021 M. Kumar

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Digitally signed by Justice Rahul Chaturvedi Date: 2021.07.23 18:26:40 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Harish Chandra Maurya v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Harish Chandra Maurya v. State of U.P. and Another

Case brief

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What did the court decide?

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