Neutral Citation No. - 2024:AHC-LKO:33768
Court No. - 14
Case :- CRIMINAL MISC ANTICIPATORY BAIL
APPLICATION U/S 438 CR.P.C. No. - 909 of 2024
Applicant :- Bhola Pal @ Yash Pal
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt.
U.P. Lko.
Counsel for Applicant :- Shradha,Shubham Kumar Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Jaspreet Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for
the State.
The instant application has been filed seeking anticipatory bail
in FIR/Case Crime No.0436/2021, under Sections 504, 506,
147, 307 IPC, relating to police station Sarojni Nagar, District
Lucknow.
The submission of the learned counsel for the applicant is that
the applicant has been falsely implicated.
It has further been submitted that as per the version contained in
the FIR, it is alleged that the applicant as well as the other co-
accused were seated in Tata Zest Car. In order to cause harm to
the brother of the complainant, they crashed the said car against
the brother of the complainant in terms whereof, he received
severe injuries. Thereafter, he was admitted to the Lok Bandhu
Hospital from where he was referred to S.K.D. Hospital.
The submission of the learned counsel for the applicant is that it
is a false statement. If at all, the version is taken to be true even
then the car could have been driven only by one person as
alleged in the FIR.
The incident was captured in CCTV Footage as stated in the
FIR, however, no recording could be retrieved wherein the
applicant could be seen in the entire incident.
The allegation is that the applicant was sitting in the car and
this is at the behest of certain person, who are said to be
independent witness. However, even this is incorrect as they
could not have known or recognized the applicant.
It is also submitted that the applicant does not have any
criminal history. He is a 20 years of boy who has been falsely
implicated. It is also submitted that the other co-accused have
already been enlarged on bail and now in order to create
pressure the applicant is under an impending threat of being
arrested.
It is further submitted that the applicant has stable family
background and deep roots in the society. Neither, the applicant
is at the risk of fleeing justice or he can tamper with any
evidence or influence any witness and in the aforesaid
circumstances, the applicant be granted the benefit of the
anticipatory bail.
Learned AGA, on the basis of material in the case diary
available with him, has opposed the aforesaid the anticipatory
bail could not dispute the fact .
Having considered the submissions and considering the facts
and circumstances including the nature and gravity of the
accusation, the antecedents of the applicant including that he
has no criminal history and no apprehension has been expressed
that the applicant is at flight risk, hence, this Court is of the
opinion that the applicant can be granted the benefit of
anticipatory bail. Accordingly, without expressing any opinion
on the merits of the case, the instant anticipatory bail
application is allowed.
In the event of arrest of the applicant- Bhola Pal @ Yash Pal
involved in the aforesaid FIR/Case Crime Number, shall be
released on anticipatory bail till the conclusion of trial on
furnishing a personal bond with two reliable sureties each in the
like amount to the satisfaction of the Court Concerned, with the
conditions:-
(a) that the applicant shall make himself available for
interrogation by the police officer as and when required;
(b) that 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 from disclosing such
facts to the court or to any police officer or tamper with the
evidence;
(c) that the applicant shall not tamper with the evidence during
the trial;
(d) that the applicant shall not pressurize/ intimidate the
prosecution witness;
(e) that the applicant shall appear before the trial court on each
date fixed unless personal presence is exempted;
In case of breach of any of the above conditions, the court
concerned shall have the liberty to cancel the bail granted to the
applicant.
It is made clear that observations made in granting anticipatory
bail to the applicant shall not in any way affect the learned trial
Judge in forming his independent opinion based on the
testimony of the witnesses.
Order Date :- 30.4.2024
Rakesh/-
Digitally signed by :-
RAKESH PRAJAPAT
High Court of Judicature at Allahabad,
Lucknow Bench