High Court

Contention of the learned counsel for the applicant is that after thoroughly considering the factual matrix of the case, the interim bail was granted by this court to the applicant vide order dated 20.01.2025. The order dated 20.01.2025 is quoted hereinunder :- "Heard learned counsel for the applicant, learned AGA for the State and perused the record. On 03.01.2025, the following order was passed: "1. On 20.12.2024 following order was passed:- "As prayed, list this case on 03.01.2025, as fresh. In the meantime, learned counsel for the State shall seek detailed instructions in the matter."

2. Learned AGA submits that he has not received written instructions from the Investigating Officer of the case in question.

3. List this case on 20.01.2025.

4. On the next date, the Investigating Officer of the case in question shall appear before this Court along with complete case diary." In compliance of the aforesaid order, the Investigation Officer of the case is present before this Court. The instant application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in FIR/Case Crime No. 28 of 2023, under Sections 419, 420, 467, 468, 471 IPC and Section 63 of the Copyright Act, Police Station Laliya, District Balrampur. It has been contended by learned counsel for the applicant that the applicant is an illiterate person and he is not running any Company. He further submits that at page 21 of the anticipatory bail application it reveals that the alleged 'Siyaram Trading Company' has no existence as no such factory or shop is being run in New Bazar, District Bhadohi. He also added that on the basis of suspicion, the present applicant is implicated in the case and there is no ample evidence against him. He also submits that one co-accused, namely, Chandra Prakash has been enlarged on bail, as the alleged Cement was recovered in front of his shop. He also submits that the applicant is always ready to appear before the Investigation Officer and no custodial interrogation is required in this matter. He next submits that there is an acute apprehension that the police will arrest the present applicant and therefore, he may be enlarged on anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the invoice is issued in the name of the present applicant and he is running 'Siyaram Trading Company' and therefore, he is not entitled for any relief. Considering the aforesaid facts and circumstances of the case and after perusal of the record, it transpires that the applicant is a an illiterate person; as per the document annexed at page 21 of the anticipatory bail application, no company in the name and style of 'Siyaram Trading Company' is running by the applicant; the applicant has been implicated in the matter on the basis of suspicion and he is ready to appear before the Investigating Officer as and when required, this Court finds it to be a fit case for grant of interim anticipatory bail. Accordingly, till the next date of listing, the present applicant-Siyaram Pal, shall be released forthwith, in the event of his arrest, in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing a personal bond and two solvent 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 officer 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 officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case chargesheet 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. Let notice be issued to opposite party no. 2, returnable at an early date. Steps be taken within a week. If the steps are taken, the office shall proceed accordingly. List/put up this matter in the week commencing 17.02.2025. In the meantime, learned counsel for the State as well as opposite party no. 2 shall file their counter affidavits. Personal appearance of the Investigating Officer, who is present today, is hereby exempted." This court while considering the aforesaid aspects of the matter, had granted interim bail to the applicant on 20.01.2025 and now, after filing of the Counter Affidavit, no adverse material has been placed by the state against the applicant. Considering the aforesaid aspect of the matter, the instant regular anticipatory bail is hereby allowed while granting bail to the applicant namely, Siyaram Pal till disposal of the trial subject to the following conditions :- (i) that the applicant shall make himself available for interrogation by a police officer 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court' (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicant shall not pressurize/ intimidate the prosecution witness. In case of default, it would be open for the investigating agency to move application for vacation of this protection. Order Date :- 4.3.2025 Mayank

Contention of the learned counsel for the applicant is that after thoroughly considering the factual matrix of the case, the interim bail was granted by this court to the applicant vide order dated 20.01.2025. The order dated 20.01.2025 is quoted hereinunder :- "Heard learned counsel for the applicant, learned AGA for the State and perused the record. On 03.01.2025, the following order was passed: "1. On 20.12.2024 following order was passed:- "As prayed, list this case on 03.01.2025, as fresh. In the meantime, learned counsel for the State shall seek detailed instructions in the matter."

2. Learned AGA submits that he has not received written instructions from the Investigating Officer of the case in question.

3. List this case on 20.01.2025.

4. On the next date, the Investigating Officer of the case in question shall appear before this Court along with complete case diary." In compliance of the aforesaid order, the Investigation Officer of the case is present before this Court. The instant application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in FIR/Case Crime No. 28 of 2023, under Sections 419, 420, 467, 468, 471 IPC and Section 63 of the Copyright Act, Police Station Laliya, District Balrampur. It has been contended by learned counsel for the applicant that the applicant is an illiterate person and he is not running any Company. He further submits that at page 21 of the anticipatory bail application it reveals that the alleged 'Siyaram Trading Company' has no existence as no such factory or shop is being run in New Bazar, District Bhadohi. He also added that on the basis of suspicion, the present applicant is implicated in the case and there is no ample evidence against him. He also submits that one co-accused, namely, Chandra Prakash has been enlarged on bail, as the alleged Cement was recovered in front of his shop. He also submits that the applicant is always ready to appear before the Investigation Officer and no custodial interrogation is required in this matter. He next submits that there is an acute apprehension that the police will arrest the present applicant and therefore, he may be enlarged on anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the invoice is issued in the name of the present applicant and he is running 'Siyaram Trading Company' and therefore, he is not entitled for any relief. Considering the aforesaid facts and circumstances of the case and after perusal of the record, it transpires that the applicant is a an illiterate person; as per the document annexed at page 21 of the anticipatory bail application, no company in the name and style of 'Siyaram Trading Company' is running by the applicant; the applicant has been implicated in the matter on the basis of suspicion and he is ready to appear before the Investigating Officer as and when required, this Court finds it to be a fit case for grant of interim anticipatory bail. Accordingly, till the next date of listing, the present applicant-Siyaram Pal, shall be released forthwith, in the event of his arrest, in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing a personal bond and two solvent 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 officer 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 officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case chargesheet 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. Let notice be issued to opposite party no. 2, returnable at an early date. Steps be taken within a week. If the steps are taken, the office shall proceed accordingly. List/put up this matter in the week commencing 17.02.2025. In the meantime, learned counsel for the State as well as opposite party no. 2 shall file their counter affidavits. Personal appearance of the Investigating Officer, who is present today, is hereby exempted." This court while considering the aforesaid aspects of the matter, had granted interim bail to the applicant on 20.01.2025 and now, after filing of the Counter Affidavit, no adverse material has been placed by the state against the applicant. Considering the aforesaid aspect of the matter, the instant regular anticipatory bail is hereby allowed while granting bail to the applicant namely, Siyaram Pal till disposal of the trial subject to the following conditions :- (i) that the applicant shall make himself available for interrogation by a police officer 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court' (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicant shall not pressurize/ intimidate the prosecution witness. In case of default, it would be open for the investigating agency to move application for vacation of this protection. Order Date :- 4.3.2025 Mayank