This court granted anticipatory bail to four applicants seeking bail during an investigation involving assault on police and illicit liquor possession, citing Sushila Aggarwal.
Applicants granted anticipatory bail on personal bond of Rs. 25,000 with two sureties each, subject to specified conditions.
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Court No. - 80
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12024 of 2022
Applicant :- Ramakant Yadav And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard Sri Anurag Tripathi, learned counsel for the applicants as well as learned AGA for the State and perused the material placed on record.
This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 65 of 2021, under sections 147, 336, 332, 353, 307, 427 I.P.C. and 60, 63, 72 Excise Act, Police Station Kasya, District Kushinagar, during the pendency of investigation.
The facts in brief are that on 21.1.2021, an I-20 car bearing No. DL3CBQ2448 was seen by the Police in the light of torch which was tried to be stopped by them but the driver fled away after leaving the car. Thereafter, several persons came there equipped with Tamancha & lathi-danda and they started assaulting on the Police party in which an S.I. sustained injuries on his head. In the car illicit liquor was found regarding which the F.I.R. was lodged. During investigation, the name of these applicants was brought into light.
It is submitted by learned counsel for the applicants that in this case these applicants have not been named in the F.I.R. and they have committed no offence but Police has brought their names into light without any evidence on record. It is further submitted that since the matter is under investigation, the applicants are under apprehension of imminent arrest. In case, the applicants are released on anticipatory bail, they would not misuse the liberty of bail and would cooperate with the investigation.
Learned A.G.A. opposed the aforesaid prayer for anticipatory bail and expedited the fact that the matter is under investigation in relation to these applicants.
Considering the facts and circumstances of the case, submissions made by learned counsel for the applicants as well as learned A.G.A., the applicants are entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020
SCC Online SC 98 . The anticipatory bail application stands allowed .
In the event of arrest of the applicants- Ramakant Yadav, Durgesh Yadav, Rajendra Yadav and Arjun Yadav , shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C., on 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:-
(i) The applicants shall make themselves available for interrogation by a police office as and when required;
(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 from disclosing such facts to the Court or to any police office;
(iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. concerned.
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 applicants.
Order Date :- 13.1.2023 Vandana
Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicants are entitled to anticipatory bail pending investigation in a case involving assault and illicit liquor finding.
Colour shows how this judgement treated each authority
Sushila Aggarwal Vs. State (NCT of Delhi)-2020Distinguished¶10
Sushila Aggarwal Vs. State (NCT of Delhi)-2020, SCC Online SC 98 · Who else cites this
1 provisions across 1 enactments
Ramakant Yadav
3 Others
State of U.P.
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
