Neutral Citation No. - 2024:AHC-LKO:8909
Court No. - 15
Case :- CRIMINAL MISC ANTICIPATORY BAIL
APPLICATION U/S 438 CR.P.C. No. - 160 of 2024
Applicant :- Dadhibal Tiwari
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P.
Lko. And 2 Others
Counsel for Applicant :- Rakesh Pathak,Vijay Pathak
Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Faiz Alam Khan,J.
1. Learned A.G.A. informs that he has procured complete
instructions in the matter including up-to-date case diary and
the investigation of the case is still pending.
2. Heard learned counsel for the applicant as well as learned
A.G.A. for the State and perused the record.
3. The instant application has been moved by the applicant-
Dadhibal Tiwari, in Case Crime No. 353 of 2022, under
Sections 147, 148, 149, 307, 323, 504, 506 I.P.C. and Section
4/5 Explosive Act, 1884, Police Station Kotwali Ayodhya,
District Ayodhya, 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. Even if all the contents of the F.I.R. are believed as
it is, only an apprehension and suspicion has been shown that
the incident has been organized/planned by the applicant.
However, the applicant has admittedly not been found on the
spot and has not been seen by any alleged eye witness including
the informant.
5. It is vehemently submitted that during the course of
investigation the statement of Mahant of the temple, namely,
Ram Sharan Das was recorded, wherein he has stated that in
fact it was the informant himself who was planning to
dispossess him (Mahant Ram Sharan Das).
6. It is also submitted that apart from suspicion and
apprehension, there is nothing on record which may connect the
applicant with the crime. He is ready to cooperate in the
investigation and would remain present before the investigating
officer as and when his presence would be required, moreover,
no injury of any kind has been sustained by anyone in the
alleged incident.
7. It is next submitted that named accused persons of the crime,
namely, Mohan Das and Vivek Das have been granted regular
bail by a co-ordinate Benches of this Court, vide order dated
07.12.2022 and 19.12.2022 passed in Criminal Misc. Bail
Application No. 14297 of 2022 and 14847 of 2022.
8. Learned A.G.A. on the other hand submits that having regard
to the manner in which the offence has been committed, the
applicant is not entitled for any protection.
9. Perusal of the record in the background of submissions made
by learned counsel for the parties would reveal that though a
suspicion has been shown in the F.I.R. that it is the applicant
who has organized/planned the incident. However, no one has
claimed to have seen him at the spot. Two accused persons of
the crime, namely, Mohan Das and Vivek Das have been
granted the facility of regular bail by a co-ordinate Benches of
this Court. The investigating is still going on. The statement of
Mahant Ram Sharan Das recorded during the course of
investigation will also reflect that it is stated by him that in fact
it was the informant himself who was making all out efforts to
dispossess Mahant Ram Sharan Das from the temple. The
applicant is not having any criminal antecedents.
10. Thus, having regard to all the facts and circumstances of the
case and for the reasons given herein-before and keeping in
view the law laid down by the Hon'ble Supreme Court in
Siddharam Satlingappa Mhetre v. State of Maharashtra :
(2011) 1 SCC 694, Sushila Aggarwal v. State (NCT of Delhi)
(2020) 5 SCC 1 and in Nathu Singh Vs. State of U.P. and
others':(2021)6 SCC 64, protection from arrest till the
submission of police report under Section 173 (2) Cr.P.C. may
be granted to the applicant.
11. In result, the anticipatory bail application moved by the
applicant- Dadhibal Tiwari is, hereby, disposed of with a
direction that till the submission of police report under Section
173 (2) Cr.P.C., in the event of arrest of the applicant in the
above-mentioned case, he shall be released forthwith on
anticipatory bail on his 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/ Investigating Officer subject to the following
conditions:-
(1) The applicant shall make himself available for interrogation
or even for discovery of any fact by a police officer as and
when required;
(2) 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;
(3) The applicant shall not leave the country concerned without
the previous permission of the Court.
12. In case of default of any condition the investigating officer
may approach this Court for cancellation/modification of this
order.
13. 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.
Order Date :- 31.1.2024
Praveen
DDiiggiittaallllyy ssiiggnneedd bbyy ::--
PPRRAAVVEEEENN KKUUMMAARR
HHiigghh CCoouurrtt ooff JJuuddiiccaattuurree aatt AAllllaahhaabbaadd,,
LLuucckknnooww BBeenncchh