Dabbu Mishra v. State of U.P. was allowed on
Case Details
Neutral Citation No. - 2024:AHC:145690 Court No. - 39 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7586 of 2024 Applicant :- Satendra Kumar @ Dabbu Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A. Hon'ble Saumitra Dayal Singh,J.
Legal Reasoning
1. Heard Sri Anand Pati Tiwari, learned counsel for the applicant and Sri L.D. Rajbhar, learned AGA for the State. 2. This is third Criminal Misc. Anticipatory Bail Application has been filed on behalf of the applicant Satendra Kumar @ Dabbu Mishra, seeking anticipatory bail in Case Crime No.- 196 of 2020, under Sections -147, 148, 149, 353, 307 IPC and Section 7 of Criminal Law Amendment Act, 1932, Police Station -Auraiya, District -Auraiya, during the pendency of trial. 3. The first Criminal Misc. Anticipatory Bail Application No. 5110 of 2020, Satendra Kumar @ Dabbu Mishra versus State of U.P. was allowed on 28.08.2020 with the following order :- "Heard Sri Anand Pati Tiwari, learned counsel for the applicant, Sri Sanjay Singh, learned A.G.A.-I appearing for the State and perused the record. It is submitted on behalf of the applicant that applicant is innocent and the present F.I.R. has been lodged on false and frivolous facts with the sole ulterior motive. He did not commit any offence as alleged. It is also submitted that applicant has definite apprehension of his arrest by the police. It is next submitted that there is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses. Lastly, it is submitted that applicant has no criminal antecedent. Learned A.G.A. opposed the prayer for bail. Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedent, the applicant is entitled to be released on anticipatory bail in this case. In the event of arrest of the applicant- Satyendr Kumar @ Dabbu Mishra, involved in Case Crime No.196 of 2020, under Sections- 147, 148, 149, 353, 307 IPC and Section 7 of Criminal Law Amendment Act, Police Station- Kotwali Auraiya, District- Auraiya, shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on his furnishing a personal bond of Rs.25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) the applicant shall make himself available for interrogation by a police office as and when required; (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 him from disclosing such facts to the Court or to any police office; (iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. Concerned. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. The applicant is directed to produce a computer generated copy of this order downloaded from the official website of Allahabad High Court, before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. The concerned authority shall also verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing." 4. Upon submission of charge sheet, the applicant again approached this Court by means of Criminal Misc. Anticipatory Bail Application no. 798 of 2022, Satendra Kumar @ Dabbu Mishra versus State of U.P.. That application was rejected on 09.02.2022, on the following statement made by the learned Additional Government Advocate. It reads as below:- "Learned Additional Government Advocate points out that investigation is pending against the applicant and no charge sheet has been submitted against him so far, and therefore, present anticipatory bail application is premature." 5. Submission of learned counsel for the applicant is that the above statement made by learned AGA was not correct. Charge sheet has been submitted against the applicant. At the same time, it cannot be disputed that the applicant had fully abided by the terms of Anticipatory Bail granted to him by this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 5110 of 2020, Satendra Kumar @ Dabbu Mishra versus State of U.P. vide order dated 28.08.2020 (extract above). 6. More over, it has been further pointed out that the co-accused Subham Dwivedi has also been granted Anticipatory Bail in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 4545 of 2020, Subham Dwiveid versus State of U.P. vide order dated 31.07.2020, up to submission charge sheet and again Anticipatory Bail granted in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 10132 of 2021, Subham Dwiveid versus State of U.P. vide order dated 01.06.2021, during pendency of trial. 7. In view such facts noted above, no useful purpose would be served in keeping the present application pending or calling for counter affidavit from the State. Without expressing any opinion on the merits of the case, the applicant is entitled to be released on anticipatory bail, at this stage. 8. In the event of arrest of the applicant - Satendra Kumar @ Dabbu Mishra, involved in the aforesaid case crime, he shall be released on anticipatory bail during trial, on his furnishing a personal bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the learned Court below on the following conditions: (i) The applicant shall make himself available before the learned trial Court as and when required. (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 him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) The applicant shall not leave India without the previous permission of the court. (iv) In default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Decision
9. Present application is disposed of. Order Date :- 6.9.2024 /// I.A.Siddiqui (S. D. Singh, J.)