Allowed

Jaswant Singh @ Bagga Singh v. State of U.P. Thru Prin. Secy. Home and Anr.

Allahabad HC26 Aug 2022/14972/2021

Case brief

AI extract

What is this about?

This order grants ad interim anticipatory bail to Jaswant Singh, not named in the FIR regarding a minor's disappearance. The court found grounds to grant bail but adjourned for a counter-affect, eventually ordering bail with a personal bond upon arrest until the full hearing.

What did the court decide?

Ad interim anticipatory bail granted pending hearing, conditional on personal bond of Rs. 25,000 and two sureties.

Jaswant Singh @ Bagga Singh Vs State of U.P. Thru Prin… — Anticipatory Bail | Allahabad HC (2022)

¶1

Court No. - 15

¶2

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14972 of 2021

¶3

Applicant :- Jaswant Singh @ Bagga Singh Opposite Party :- State Of U.P. Thru Prin. Secy. Home And Anr.

¶4

Counsel for Applicant :- Baljeet Singh,Ajay Vikram Singh Counsel for Opposite Party :- G.A.

¶5

Hon'ble Sanjay Kumar Pachori,J.

¶6

Heard Sri Baljeet Singh, learned counsel for the applicant and Sri Vijay Prakash Dwivedi, learned A.G.A. for the State and perused the material on record.

¶7

The present bail application has been filed on behalf of applicant Jaswant Singh @ Bagga Singh under Section 438 of the Code of Criminal Procedure, with a prayer to release him on anticipatory bail in Case Crime No. 463 of 2021, for offence punishable under Section 368 of the Indian Penal Code, registered at Police Station- Beniganj, District- Hardoi, till the conclusion of trial, after rejecting the anticipatory bail application of the applicant by Additional Sessions Judge, Court No. 16 (POCSO) Act, Hardoi vide order dated 16.11.2021.

¶8

As per allegation of the first information report dated 02.08.2021, which has been lodged under Section 363, 366 of I.P.C. against two named persons by the father of the victim stating that on 29.07.2021 at about 04:00 P.M. his minor daughter aged about 17 years and six months went to the market but she did not return back home, he searched his minor daughter but could not found. On being search he got an information that two named accused persons enticed away his minor daughter and his daughter took away some ornaments and Rs. 4,500/- in cash with her.

¶9

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that the applicant is not named in the F.I.R. It is further submitted that at the time of the incident victim was minor and as per her school certificate her age was 17 years and 6 months at the time of incident. It is further submitted that the victim has not supported the prosecution case in her statement recorded under Sections 161 and 164 of Cr.P.C. It is further submitted that victims has stated in her statement recorded under Section 164 of Cr.P.C. that she has left her house on her own free and sweet will and she have

¶10

love affairs with co-accused Harpreet and she was resided with co-accused Harpreet for last two months in Ghaziabad. It is further submitted that applicant is father of the co-accused Harpreet.

¶11

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

¶12

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

¶13

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

¶14

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.

¶15

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

¶16

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

¶17

List on 20.12.2022.

¶18

In case of arrest, the applicant, Jaswant Singh @ Bagga Singh is directed to be enlarged on anticipatory bail till the hearing of the present application in above case crime number, on his 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:-

¶19

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

¶20

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

¶21

(iii) The applicant 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;

¶22

(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;

¶23

(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.

¶24

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

¶25

Order Date :- 26.8.2022 Ishan

¶26

Digitally signed by ISHAN JAISWAL Date: 2022.08.29 10:21:52 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Jaswant Singh @ Bagga Singh v. State of U.P. Thru Prin. Secy. Home and Anr.

Case brief

What is this about?

What did the court decide?

Jaswant Singh @ Bagga Singh v. State of U.P. Thru Prin. Secy. Home and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Narendra Kumar Vs State of U.P. Thru. Prin. Secy. Home, Civil Secrt. Lko.

Purushottam Kesarwani @ Bauwa Vs State of U.P. Thru. Prin. Secy. Home Lko.

Bhupendra and Others Vs State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko.

Prem Chandra Vs State of U.P. Thru. Prin. Secy. Home Lko.

Manoj Kumar Gautam Vs State of U.P. Thru. Prin. Secy. Home Lko.

Harishyam Bajpayee Vs State of U.P. Thru. Prin. Secy. /Addl. Chief Secy. Home and Another