Allowed an anticipatory bail application for the applicant in a case involving arsoning, brick batting, and firing. Granted bail with a personal bond and conditions prohibiting tampering with evidence or witnesses.
Released forthwith on anticipatory bail furnishing a personal bond of Rs.50,000 and two sureties each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 77
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10555 of 2022
Applicant :- Kanchid Singh Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Pankaj Kumar Tiwari, learned counsel for the applicant and Mr. Rakesh Soni, learned A.G.A. for the State as well as perused the record.
The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.0513 of 2022, registered under Sections 147, 148, 149, 307, 336 and 324 I.P.C. & Section 7 Criminal Law Amendment Act at Police Station- Kotwali City, District Bulandshahar with a prayer to enlarge him on anticipatory bail.
As per prosecution story, two parties were found involved in arsoning, brick batting and firing on each other on 15.06.2022 by the police. Both the parties have sustained injuries in the alleged incident.
Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. No police personnel was injured. There was no gun shot injury sustained by any person. There are no criminal antecedents of the applicant. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. Learned counsel for the applicant undertakes that he has co-operated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail. He further submitted that co-accused of this case namely, Bijendra Kumar, having similar role has already been granted anticipatory bail in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No.10514 of 2022, therefore the applicant is also entitled to be released on bail on the ground of parity.
Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicant.
On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1" . The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Kanchid Singh be released forthwith in the aforesaid case crime (supra) on anticipatory bail on furnishing a personal bond of Rs.50,000/and two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/court concerned with the following conditions:-
It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial or deciding the regular bail application.
Order Date :- 2.1.2023 Rahul.
Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the evidence surrounding the charges warrants the grant of anticipatory bail.
Whether conditions are required for the anticipatory bail to be granted.
Colour shows how this judgement treated each authority
Sushila Aggarwal Vs. State (NCT of Delhi)Referred¶10
(2020) 5 SCC 1 · Who else cites this
Kanchid Singh
State of U.P.
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
