Allowed

Subhash v. State of U.P.

Allahabad HC14 Dec 2021ABAIL/846/2020

Case brief

AI extract

What is this about?

The Court allowed an application seeking to make interim anticipatory bail absolute. The applicant faced charges under Sections 307 and 504 IPC. The Court reaffirmed the interim order dated 12.02.2020 for the duration of the investigation pending the filing of the police report.

What did the court decide?

The interim anticipatory bail granted vide order dated 12.02.2020 is made absolute till filing of police report under Section 173(2) Cr.P.C. on furnishing fresh bond and sureties.

Subhash Vs State of U.P. — Cheating and Forgery | Allahabad HC (2021)

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Court No. - 78

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 846 of 2020

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Applicant :- Subhash Opposite Party :- State of U.P. Counsel for Applicant :- Ram Raj Pandey Counsel for Opposite Party :- G.A.,Jagdev Singh

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Hon'ble Samit Gopal,J.

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Heard Sri Ram Raj Pandey, learned counsel for the applicant, Sri Jagdev Singh, learned counsel for the first informant and Sri B.B. Upadhyay, learned counsel for the State and perused the material on record.

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The applicant Subhash was granted interim anticipatory bail vide order dated 12.02.2020 by a co-ordinate Bench of this Court.

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The said order is quoted herein below:-

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"Vakalatnama has been filed by Sri Jagdev Singh representing first informant and the same is taken on record.

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This anticipatory bail application (u/s 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 73 of 2019, under sections 307 and 504 I.P.C. Police Station Chhaprauli, District Baghpat during pendency of investigation.

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Heard Sri Ram Raj Pandey, learned counsel for the applicant, Sri Jagdev Singh, learned counsel for the informant and Sri Rahul Srivastava, learned A.G.A. for the State.

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As per F.I.R., the informant has mentioned that on 21.03.2019 at 4:40 p.m. when his son (Kuldeep @ Gholu) was at home, the co-accused, Sudhir who is niece of the informant had called the injured on his shop where the other co-accused Ankur, present applicant along with other co-accused, Rajveer and Mintu @ Sapatu were there and they started abusing his son and when his son restrained them from abusing, Rajveer @ Raju made an attempt to make fire upon the injured but he missed the target, thereafter the co-accused, Sudhir and Mintu @ Sapatu had caught hold of injured and the main accused, Ankur had made fire upon his son.

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The submission made by the learned counsel for the applicant is that he has been falsely implicated in this case. Learned counsel for the applicant has argued that in this case, charge-sheet has been submitted only against Ankur, documents regarding which has been annexed at page no. 38 of the paper book. Accused applicant and other co-accused, Rajveer @ Raju and Mintu @ Sapatu have already been exonerated. Thereafter the matter was further investigated; police is threatening the accused applicant to arrest. He has apprehension of imminent arrest. In para 37 of the paper-book, it

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has been mentioned by the applicant that the accused has no criminal history nor has he been convicted in any crime. If released on anticipatory bail, he would cooperate with the investigation.

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Learned counsel for the informant as well as learned A.G.A. have vehemently opposed the grant of anticipatory bail and have drawn attention of the Court towards the statement of the accused, Kuldeep in which he has stated that applicant has played an active role by catching hold of the accused which gave the main accused an opportunity to make fire upon the victim. Attention of this Court is also drawn towards the injury memo of the victim, documents regarding which is annexed at page no. 26 of the paper book in which fire arm head injury has been caused to the injured.

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Learned A.G.A. has surprisingly apprised this Court that he has no instructions in this case because instructions have been obtained by the learned counsel for informant of this case and how the instructions have come in his possession, is a mystery. He could not point out as to whether the accused applicant has any criminal case pending against him or not.

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Learned A.G.A. is granted three weeks' time to find out the truth as to how the instructions came in possession of learned counsel for the informant instead of learned A.G.A. Appropriate steps shall be taken by him in this regard. He shall also point out the criminal history of the accused by the next date.

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Taking into consideration the gravity of accusation, there being no criminal antecedents of the applicant, looking to the fact that applicant has not been assigned any direct role of making assault upon the victim, even in F.I.R. as well, he is not assigned any role but in statement subsequently given by the victim, the role of catching hold has been assigned to the accused applicant and there being no possibility of his fleeing from justice, without expressing any opinion on the merits of the case, the applicant is entitled to be released on interim anticipatory bail in this case.

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List this case on 03.04.2020 and by the said date, counter affidavit be filed from the side of learned A.G.A.

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In the event of arrest of the applicant, Subhash involved in aforesaid case, he shall be released on interim anticipatory bail during investigation till the date fixed, on his furnishing a personal bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the Station House Officer of the police station concerned on the on the following conditions:

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1. that the applicant shall make himself available for interrogation by a police officer as and when required;

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2. 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;

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3. that the applicant shall not leave India without the previous permission of the court;

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4. that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant."

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Since the applicant has been granted interim anticipatory bail vide order dated 12.02.2020, the same is hereby made absolute till filing of police report under Section 173(2) Cr.P.C. for the reasons as given in the said order on his furnishing a fresh personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

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(i) the applicant shall make himself available for interrogation by a police office as and when required;

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(ii) 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;

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(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order..

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The present anticipatory bail application is allowed.

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Order Date :- 14.12.2021 M. ARIF

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(Samit Gopal, J.)

Subhash v. State of U.P.

Case brief

What is this about?

What did the court decide?

Subhash v. State of U.P.

Case brief

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What did the court decide?

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