Allowed

Babli v. State of U.P Thru Secretary Home Lknw. and 2 Others

Allahabad HC22 Apr 2022ABAIL/1276/2022

Case brief

AI extract

What is this about?

The Court granted anticipatory bail applications filed by Babli and Pawan Kumar Chauhan in a case under the Essentials of Cultivators Act, 1976, citing similarity of cases and lack of evidence in the FIR.

What did the court decide?

Granted anticipatory bail pending submission of the police report under Section 173 Cr.P.C. on furnishing personal bonds with sureties.

Babli Vs State of U.P Thru Secretary Home Lknw… — Writ and Judicial Review | Allahabad HC (2022)

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Court No. - 66

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1. Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1276 of 2022 Applicant :- Babli Opposite Party :- State Of U.P Thru Secretary Home Lknw. And 2 Others Counsel for Applicant :- Puneet Srivastava Counsel for Opposite Party :- G.A.

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2. Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1274 of 2022 Applicant :- Pawan Kumar Chauhan Opposite Party :- State Of U.P Thru Secretary Home Lknw. And 2 Others Counsel for Applicant :- Puneet Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Puneet Srivastava, the learned counsel for applicants in both the anticipatory bail applications and the learned A.G.A. for State.

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Perused the record.

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This application for anticipatory bail has been filed by applicants-Babli and Pawan Kumar Chauhan in connection with Case Crime No.453 of 2021, under sections 3/7 E. C. Act, Police Station- Tappal, District- Aligarh.

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At the very outset, learned counsel for applicant contends that applicant-2, Pawan Kumar Chauhan has already been extended the benefit of anticipatory bail by this Court till the submission of charge-sheet under Section 173 (3) Cr.P.C. vide order dated 09.03.2022 passed in Criminal Misc. Anticipatory Bail Application No. 1274 of 2022 (Pawan Kumar Chauhan vs. State of U.P.). Same is reproduced herein under:

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"Heard learned counsel for the parties and perused the material brought on record.

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It is submitted on behalf of the applicant that applicant is innocent

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and the present F.I.R. has been lodged on false and frivolous facts with the sole ulterior motive. There is no independent, impartial reliable eye witness of the alleged incident. It is next contended that applicant has properly explained to the authority concerned about the excess stock in the fair price shop. It is next contended that the ingredients of offences are absent and entire prosecution story is based on false and frivolous allegations. The applicant has not committed any offence as alleged. The police has not submitted charge sheet in the present case and applicant has definite apprehension of his arrest by the police. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It is further submitted that there is no possibility of applicant's either fleeing away from the judicial process or tampering with the witnesses. Lastly, it is submitted that applicant has no previous criminal antecedent to his credit.

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Learned A.G.A. opposed the prayer for anticipatory bail.

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Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that applicant has no criminal antecedent, the applicant is entitled to be released on anticipatory bail in this case.

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In the event of arrest of the applicant- Pawan Kumar Chauhan, who is involved in Case Crime No. 453 of 2021, under Sections- 3/7 of E.C. Act, Police Station- Tappal, District- Aligarh, shall be released on anticipatory bail till the submission of police report, under section 173 (2) Cr.P.C.,before the competent court, on his furnishing a personal bond of Rs.25,000/- 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/her 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/her 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 certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding

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the present anticipatory bail application of the applicant.

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The applicant is directed to produce a certified 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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On the aforesaid premise, learned counsel for applicants contends that case of present applicant is similar and identical to that of co-accused Pawan Kumar Chauhan, who has already been granted benefit of anticipatory bail. He also contends that there is no such distinguishing feature on the basis of which case of present applicant-Babli can be distinguished from the aforesaid co-accused so as to deny to grant him anticipatory bail. It is thus contended that for the facts and reasons mentioned in order dated 09.03.2022, applicant is also liable to be extended interim protection on the ground of parity.

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Placing reliance upon proviso to Section 437 Cr.P.C., learned counsel for applicant submits that applicant-1, Babli being a woman, is liable to be granted interim protection.

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Learned counsel for applicants next contends that though applicant-1 is a named accused but she is innocent. It is then contended that the F.I.R. giving rise to present application for anticipatory bail was lodged on 23.10.2021.However even after expiry of a period almost six months from the date of lodging of aforementioned F.I.R., no police report under Section 173 (2) Cr.P.C. has been submitted till date. Investigation is still going on and applicant-1 is co-operating with investigation. Therefore, no coercive process has been issued against applicant-1. Applicant-1 is a man of clean antecedents inasmuch as she has no criminal history to her credit except the present one. As such custodial arrest of applicant is not absolutely necessary for investigation of afore-mentioned case crime number. However, irrespective of above, there is imminent threat of arrest of applicant by the police in

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aforementioned case crime number. In case applicant is granted interim protection, she shall not misuse the liberty of anticipatory bail and shall co-operate with investigation. On the cumulative strength of above, learned counsel for applicant thus urged that liberty of applicant-1 is liable to be protected by this Court by extending the benefit of anticipatory bail in her favour.

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Per contra, the learned A.G.A. has opposed this application for anticipatory bail. However, learned A.G.A. could not dispute the facts as noted above nor he could point out any such material fact so as to deny the benefit of anticipatory bail to applicant.

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Having heard learned counsel for applicants, learned A.G.A. for State, considering the fact that co-accused has already been granted benefit of anticipatory bail, as well as complicity of applicant but without expressing any opinion on the merits of the case, applicant has made out a case for anticipatory bail.

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In view of above, in the event of arrest, applicant - 1, Babli, who is involved in Case Crime No. 453 of 2021, under Sections- 3/7 of E.C. Act, Police Station- Tappal, DistrictAligarh, shall be released on anticipatory bail till the submission of police report, under section 173 (2) Cr.P.C.,before the competent court, on her furnishing a 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 the police officer 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

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facts of the case so as to dissuade 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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(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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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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In default of any of the conditions, the Investigating Officer/Govt. Advocate 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, if pending, of the present case in accordance with law, expeditiously, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant-1 is directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today, if investigation is in progress, who shall ensure the compliance of present order.

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Order Date :- 22.4.2022/YK

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Digitally signed by YASHWANT KUMAR Date: 2022.04.26 12:37:21 IST Reason: Location: High Court of Judicature at Allahabad

Babli v. State of U.P Thru Secretary Home Lknw. and 2 Others

Case brief

What is this about?

What did the court decide?

Babli v. State of U.P Thru Secretary Home Lknw. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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