Neutral Citation No. - 2024:AHC-LKO:44401
Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S
438 CR.P.C. No. - 1444 of 2024
Applicant :- Lavkush
Opposite Party :- State Of U.P. Thru. Secy. Home Lko.
Counsel for Applicant :- Narendra Gupta
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicant, Sri Nirmal
Kumar Pandey, learned AGA appearing for the
State and perused the material placed on record.
The instant application has been filed with a
prayer to enlarge the applicant/accused on
anticipatory bail in the interest of justice, in
FIR/Case Crime No. 451 of 2022, u/s 308, 323,
504, 506, 342 I.P.C. relating to the Police Station
-Khairabad, District -Sitapur.
As per the version of the prosecution, the four
persons, including the applicant had beaten the
husband of the complainant under the
apprehension that he is going to initiate criminal
proceedings against them. In the version of the
F.I.R. it has been disclosed that one of co-accused,
namely, Alok assaulted with 'Farsa', on the head of
the injured.
The learned counsel for the applicant submits that
due to enmity, name of the present applicant has
also been implicated, though the allegation with
respect to assaulting with 'Farsa' is against Alok
and there is only one injury on the forehead of the
injured and except apart there is no other injury of
'lathi' and 'danda', which is assigned to the
present applicant along with the other co-accused
persons. He also added that in fact on 10.11.2022
other persons visited the police station wherein
the medical examination was also got done but no
F.I.R. was lodged and, as a result the name of the
present applicant has been implicated in the F.I.R.
He added that there is no criminal history against
the applicant and he undertakes that he will
cooperate with the trial, therefore, the submission
is that the applicant may be granted anticipatory
bail.
On the other hand, learned counsel appearing for
the injured as well as learned counsel for the
State, have opposed the contention aforesaid and
submitted that the applicant is named in the F.I.R.
and body pain is evident from the injury report,
therefore, the applicant is not entitled for any
relief.
Considering the submission of learned counsel for
the parties and after perusal of the material placed
on record, it transpires that there is allegation
against one co-accused, namely, Alok who
assaulted with 'Farsa' and there is only one injury
on the forehead of the injured except apart there
is no other injury as per the weapon assigned to
the present applicant, including other co-accused
persons.Further, there is no criminal history
against the applicant and he has undertaken that
he will cooperate with the trial and will not misuse
the liberty of bail.
In view of the above, the anticipatory bail
application of the applicant is allowed.
Let the accused-applicant-Lavkush, be released
forthwith in the aforesaid case crime (supra) on
anticipatory bail till the conclusion of trial on
furnishing a personal bond and two sureties each
in the like amount to the satisfaction of the court
concerned with the following conditions:-
(i). that the applicant shall make himself available
for interrogation by a police ofÏcer as and when
required;
(ii). 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 ofÏcer or tamper
with the evidence;
(iii). that the applicant shall not leave India without
the previous permission of the court;
(iv). that in case charge-sheet is submitted the
applicant shall not tamper with the evidence
during the trial;
(v). that the applicant shall not pressurize/
intimidate the prosecution witness;
(vi). that the applicant shall appear before the trial
court on each date fixed unless personal presence
is exempted;
(vii). that in case of breach of any of the above
conditions the court concerned shall have the
liberty to cancel the bail.
It is made clear that observations made
hereinabove are exclusively for deciding the
instant anticipatory bail application and shall not
affect the trial.
Order Date :- 28.6.2024
AKS
Digitally signed by :-
ANUJ KRISHNA SRIVASTAVA
High Court of Judicature at Allahabad,
Lucknow Bench