Neutral Citation No. - 2024:AHC-LKO:18705
Court No. - 15
Case :- CRIMINAL MISC ANTICIPATORY BAIL
APPLICATION U/S 438 CR.P.C. No. - 3048 of 2023
Applicant :- Pawan Kumar Yadav
Opposite Party :- State Of U.P Thru. Prin. Secy. Home Civil
Secrt. Lko. And Another
Counsel for Applicant :- Pradeep Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Faiz Alam Khan,J.
1. Counter affidavit filed today is taken on record.
2. Heard learned counsel for the applicant as well as learned
AGA for the State and perused the record.
3. The instant application has been moved by the applicant-
Pawan Kumar Yadav, in Case Crime No. 23 of 2021, under
Sections 452, 354 Kha, 504 I.P.C., Police Station- Hargaon,
District- Sitapur, with the prayer to enlarge him on anticipatory
bail, as he is apprehending arrest in the above-mentioned case.
4. Learned counsel for the accused-applicant while pressing the
anticipatory bail application submits that it is a case of false
implication. The F.I.R. of this case has been lodged under the
order passed by a Magistrate under Section 156 (3) Cr.P.C. and
in the application which has been given to the Court of
Magistrate under Section 156 (3) Cr.P.C., the allegations have
been aggravated with the help of a legal professional.
5. It is further submitted that age of the victim is about 24 years
and it is on account of previous enmity, the F.I.R. has been
lodged. The applicant has however cooperated in the
investigation and the charge sheet has now been submitted and
he undertakes that he will cooperate in the trial also and would
remain present before the Trial Court as and when his presence
would be required.
6. It is also submitted on 22.12.2023, the applicant was granted
interim protection and he has cooperated with the investigation
and has adhered to all the conditions imposed on him and there
is no apprehension that after being released on anticipatory bail,
the applicant may flee from the course of law or may otherwise
misuse the liberty.
7. Learned A.G.A. on the other hand opposes the prayer of
anticipatory bail of the applicant.
8. Perusal of the record would reveal that the applicant was not
arrested during the course of investigation and the charge sheet
has now been filed. In absence of any specific allegation, it may
be safely inferred that the applicant has cooperated in the
investigation. The alleged offences against the applicant,
wherein the charge sheet been submitted, are punishable with
up to seven years of imprisonment. The applicant is not having
any criminal history either and interim order in favour of him
was granted on 22.12.2023 and nothing has been placed before
this Court which may suggest that the condition under which
liberty was protected has been violated in any way.
9. Thus, for the reasons given above and having regard to the
law laid down by hon'ble Supreme Court in Siddharam
Satlingappa Mhetre Vs State of Maharashtra and Ors.,
MANU/SC/1021/2010, Sushila Aggarwal and Ors. Vs. State
(NCT of Delhi) and Ors., MANU/SC/0100/2020, Shri
Gurbaksh Singh Sibbia and Ors. v. State of Punjab,
MANU/SC/0215/1980 : 1980 (2) SCC 565, and Nathu Singh
Vs. State of U.P. and Others:(2021) 6 SCC 64, the order dated
22.12.2023 is made absolute and the application moved on
behalf of the applicant- Pawan Kumar Yadav under Section
438 Cr.P.C. is hereby allowed and it is provided that in the
event of arrest of the applicant- Pawan Kumar Yadav, in the
above-mentioned case under any process of the trial court or on
his appearance/surrender before the trial court within 20 days
from today i.e. till 21.03.2024, whichever is earlier, he shall be
released forthwith on anticipatory bail on his furnishing a
personal bond and two sureties each in the like amount to the
satisfaction of the Station House Officer of the Police Station
concerned/ Investigating Officer/ Trial Court subject to the
following conditions:-
(i) The applicant shall make himself available for interrogation
or even for discovery of any fact by a police officer as and
when required, in case further investigation is directed;
(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 them from disclosing such
facts to the Court or to any police officer;
(iii) The applicant shall not leave the country without the
previous permission of the Court.
10. Applicant shall remain present before the trial court as and
when his presence would be required and he would not take
adjournment especially when the prosecution witnesses would
be in attendance.
11. If in the opinion of the trial court default of any of the
condition placed above is deliberate or without sufficient cause,
then it shall be open for the trial court to treat such default as
abuse of liberty of his bail and shall proceed against him in
accordance with law.
12. It is clarified that all the observations contained in this order
are only for disposal of this anticipatory bail application and
shall not affect the trial proceedings in any manner.
13. If in the opinion of the trial Court, the personal bond and
surety bonds filed by the applicant in compliance of earlier
order dated 22.12.2023 appears to be sufficient to the Trial
Court, the same may also be taken as personal bond and surety
bonds under this order also.
Order Date :- 29.2.2024
Gurpreet Singh
Digitally signed by :-
GURPREET SINGH
High Court of Judicature at Allahabad,
Lucknow Bench