Allowed

Dheeraj Singh Bhadauriya @ Bhaiya Udi and Another (Second Abail) v. State of U.P. Thru. Prin. Secy. Home Civil Secrett. Lucknow

Allahabad HC20 Oct 2022/1356/2022

Case brief

AI extract

What is this about?

The High Court allowed a second anticipatory bail application by rejecting further merits analysis, granting liberty to applicants based on an existing interim order, co-accused bail status, and their undertaking to cooperate in the trial, directing release upon arrest with fresh bonds.

What did the court decide?

Applicants directed to be released on anticipatory bail upon arrest by furnishing a personal bond of Rs.50,000 and two sureties each.

Dheeraj Singh Bhadauriya @ Bhaiya Udi and Another… — Anticipatory Bail | Allahabad HC (2022)

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Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1356 of 2022 Applicant :- Dheeraj Singh Bhadauriya @ Bhaiya Udi And Another (Second Abail)

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrett. Lucknow Counsel for Applicant :- Devendra Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard learned counsel for the applicants and the learned Additional Government Advocate for the State-respondents.

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This is the second anticipatory bail application of the present applicants. The first anticipatory bail application of the present applicants bearing Criminal Misc. Anticipatory Bail Application (U/S 438 Cr.P.C.) No.1233 of 2022 (Dheeraj Singh Bhadauriya @ Bhaiya Udi And Another vs. State of U.P. & others) has been rejected by this Court (Hon'ble Krishan Pahal, J.) vide order dated 06.08.2022.

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Since the Court (Hon'ble Krishan Pahal,J.) is sitting at Allahabad, therefore, this second anticipatory bail application has been put up before the regular Court in terms of order of Hon'ble the Chief Justice passed on administrative side.

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This second anticipatory bail application has been filed by the present applicants (Dheeraj Singh Bhadauriya @ Bhaiya Udi and Amit Bhadauriya @ Pintu) apprehending their arrest in Case Crime No.0024 of 2018, under Sections 419, 420 & 120B/189 I.P.C. and Section 08 of Prevention of Corruption Act, Police Station-Badhpura, District-Etawah.

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Learned counsel for the applicants has submitted that the present applicants have been falsely implicated in this case as they have not committed any offence as alleged in the prosecution story so narrated in the First Information Report (in short F.I.R.).

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It has been informed at the bar that in the present case, the charge-sheet has been filed on 27.09.2018 and an interim anticipatory bail has been granted to the present applicants on 29.08.2022 i.e. after filing of the charge-sheet. For convenience, the order dated 29.08.2022 is being reproduced here-in-below:-

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"Heard Sri Devendra Kumar Srivastava, learned counsel for

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the applicants and Sri Diwakar Singh, learned A.G.A. for the State and perused the material on record.

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The present bail application has been filed on behalf of applicants Dheeraj Singh Bhadauriya @ Bhaiya Udi and Amit Bhadauriya under Section 438 of the Code of Criminal Procedure, with a prayer to release them on anticipatory bail in Case Crime No. 0024 of 2018 for offence punishable under Section 419, 420, 120B, 189 of the Indian Penal Code and Section 8 of Prevention of Corruption Act, registered at Police Station- Badhpura, District- Etawah, till the conclusion of trial, after rejecting the anticipatory bail application of the applicant by Special Judge (Prevention of Corruption Act)/ Additional Sessions Judge, Court No. 9, Lucknow vide order dated 28.01.2021.

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Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. It is further submitted that as per allegation of F.I.R. which has been lodged against the ten named person including the applicants to instigate to gave gratification to the police in passing the trucks which are indulging in illegal mining. It is further submitted that there is no evidence with regard to the alleged offence. Charge sheet has been submitted against the applicants in a routine manner without fair investigation. The allegation of the F.I.R. has been against the truck owner only to amount pressure for not paying illegal gratification for loading morang and sand. It is further submitted that the applicants have two other criminal history of minor offence. It is further submitted that the co-accused Pradeep Singh Bhadauria alias Shilpu, Aditya Bhadauriya alias Sonu and Mukesh alias Mukke and Rajiv Kumar Yadav @ Bunti Yadav have been granted bail by Co-ordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application Nos. 1168 of 2022, 1061 of 2022 & 1126 of 2022 vide order dated 22.07.2022, 08.07.2022 & 15.07.2022. respectively.

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It is further submitted that the applicants are no more required for custodial interrogation. The applicants have no criminal history and they have not undergone any imprisonment after conviction by any court of law in relation to any cognizable offence previously. It is further contended that the applicants are ready to participate in the investigation.

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Learned A.G.A. has opposed the prayer for anticipatory bail of the applicants.

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It is settled position of law that the anticipatory bail being an extraordinary privilege should be granted only in exceptional

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cases. Parameters for grant of anticipatory bail in a serious offence are required to be satisfied, where the Court is prima facie of the view that the applicant has falsely roped in the crime and would not misuse his liberty.

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Considering the facts and circumstances of the case and the law laid down by the Hon'ble Apex Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98, ground for grant of ad interim anticipatory bail is made out.

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Learned A.G.A. may file counter affidavit within two weeks.

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Rejoinder affidavit, if any, may be filed within one week thereafter.

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Put up this case as fresh for final hearing on 19.09.2022.

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In case of arrest, the applicants, Dheeraj Singh Bhadauriya @ Bhaiya Udi and Amit Bhadauriya is directed to be enlarged on anticipatory bail till the hearing of the present application in above case crime number, on their furnishing personal bond of Rs. 25,000/- and two sureties each of like amount before the Station House Officer of Police Station/Court concerned with the following conditions:-

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(i) The applicants shall make himself available for interrogation by the police officer as and when required, if investigation is in progress;

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(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 such person from disclosing such facts to the Court or to any police officer;

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(iii) The applicants shall not leave the country without the previous permission of the Court and if he has passport, the same shall be deposited by them before the S.S.P./S.P. concerned/Court concerned;

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(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked;

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(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order. "

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Learned counsel for the applicants has drawn attention of this Court towards Annexure No.SA-2 of the supplementary affidavit filed on 26.08.2022 showing the anticipatory bail orders passed in favour of the co-accused persons, namely, Rajiv Kumar Yadav & Bunti Yadav vs. State of U.P. & others on 15.07.2022 in Criminal Misc. Anticipatory Bail Application (U/S 438 Cr.P.C.) No.1126 of 2022, Pradeep Singh Bhadauria alias Shilpu vs. State of U.P. & others passed on 22.07.2022 in Criminal Misc. Anticipatory Bail Application (U/S 438 Cr.P.C.) No.1168 of 2022, Adtiya Bhadauria @ Sonu and another vs. State of U.P. & others passed 08.07.2022 in Criminal Misc. Anticipatory Bail Application (U/S 438 Cr.P.C.) No.1061 of 2022 and Akash Bhadauriya @ Akash Singh and others vs. State of U.P. & others passed 27.05.2022 in Criminal Misc. Anticipatory Bail Application (U/S 438 Cr.P.C.) No.2050 of 2021.

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Learned counsel for the applicants has further submitted that in compliance of order of this Court, the present applicants are cooperating in the trial proceedings and have not misused the liberty of anticipatory bail and shall further co-operate in the trial proceedings in the same manner as they have co-operated in the investigation, therefore, liberty of the present applicants may be protected till conclusion of trial proceedings

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On the other hand, learned Additional Government Advocate has opposed the aforesaid request of learned counsel for the applicants but he could not dispute the aforesaid contentions of learned counsel for the applicant.

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On being confronted the learned Additional Government Advocate as to whether the present applicants have misused the liberty of anticipatory bail, he has informed on the basis of instructions that there is no such adverse report against the present applicants.

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On being asked as to whether the other co-accused persons have been granted anticipatory bail, learned Additional Government Advocate has submitted that since those orders have already been annexed with the supplementary affidavit, therefore, he has nothing to say.

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Therefore, without entering into merits of the issue, considering the arguments of learned counsel for the parties, interim anticipatory bail order dated 29.08.2022, anticipatory bail orders passed in favour of the co-accused persons, trial is going

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on and the undertaking of the present applicants that they shall co-operate in the trial proceedings, I find it appropriate that liberty of the present applicants may be protected till conclusion of trial proceedings in view of the dictum of Hon'ble Apex Court rendered in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.

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Therefore, it is directed that in the event of arrest, applicants (Dheeraj Singh Bhadauriya @ Bhaiya Udi and Amit Bhadauriya @ Pintu) shall be released on anticipatory bail in the aforesaid case crime number till conclusion of trial on their furnishing a fresh personal bond of Rs.50,000/- with fresh two sureties each in the like amount to the satisfaction of the trial court/ court concerned with the following conditions:-

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that the applicants shall appear before the trial court on each date fixed unless their personal presence is exempted;

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that 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 from disclosing such facts to the court or to any police officer or tamper with the evidence;

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that the applicants shall not leave India without prior permission of the court;

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that the applicants shall not pressurize/ intimidate the prosecution witnesses and shall not tamper with evidence during trial;

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that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;

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that in default of any of the conditions mentioned above, the learned counsel for the State shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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Before parting with, it is expected that the trial shall be concluded with expedition, strictly in accordance with law, without adjourning the case for any unnecessary reason. Further, the learned trial court may take all coercive measures, as per law, if either of the parties do not co-operate in the trial properly.

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In view of the aforesaid terms, this anticipatory bail application is allowed.

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Order Date :- 20.10.2022/Suresh/ [Rajesh Singh Chauhan,J.]

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Digitally signed by SURESH CHANDRA Date: 2022.10.22 11:45:25 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Dheeraj Singh Bhadauriya @ Bhaiya Udi and Another (Second Abail) v. State of U.P. Thru. Prin. Secy. Home Civil Secrett. Lucknow

Case brief

What is this about?

What did the court decide?

Dheeraj Singh Bhadauriya @ Bhaiya Udi and Another (Second Abail) v. State of U.P. Thru. Prin. Secy. Home Civil Secrett. Lucknow

Case brief

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