High Court
Case Details
Neutral Citation No. - 2024:AHC:150903 Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8903 of 2024 Applicant :- Sunil Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Jatan Yadav,Shailesh Kumar Yadav Hon'ble Vikram D. Chauhan,J.
Legal Reasoning
1. Heard learned counsel for the applicant as well as learned AGA and perused the material available on record. 2. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Sunil Yadav in Case Crime No. 137 of 2024 under Sections 147, 148, 323, 324, 504, 506, 307, 308 I.P.C., Police Station - Garwar, District - Ballia. 3. It is submitted by learned counsel for the applicant that as per the allegations in the First Information Report it is alleged that nominated accused person and the applicant have assaulted the injured by sharp edged weapon. Learned counsel for the applicant further submits that injured Dhananjay Yadav has suffered eleven injuries. Out of which injury nos. 1, 4, 6, 7, 9 and 10 have been caused by hard and blunt object and were simple in nature and injury nos. 2, 3 and 8 have been advised X-ray. As per supplementary report, which is at page no. 35 of the paper book, there is fracture of ulna bone. Learned counsel for the applicant further submits that as per the medical report injuries have been caused by hard and blunt object and no dangerous weapon has been used. The injuries are not life threatening. No offence under Sections 307 and 308 I.P.C. have been made out against the applicant. At the best, offence under Section 325 I.P.C. is made out which is bailable in nature. It is further submitted by learned counsel for applicant that applicant is innocent and has no concern with the present matter. Allegations levelled against the applicant are false. No prima facie case is made out against the applicant. If the applicant is enlarged on anticipatory bail, he will not misuse the liberty and cooperate with the investigation. The applicant has apprehension of his arrest by the police any time. 4. Learned A.G.A. opposed the prayer but does not dispute the factual matrix. 5. It is not shown by learned AGA that the offence in question will have impact on society at large. It is not shown that act causes harm to the society. The accusations arise out of dispute between individuals. It is not shown by learned AGA that the nature and gravity of allegations are such that the same would disentitle the applicant for relief of anticipatory bail. Learned AGA has not raised concern that any prejudice would be caused to free, fair and full investigation in the event the applicant is granted anticipatory bail. No material, facts, circumstances or concern been shown by learned AGA for the State that the accused may tamper with the evidence or witnesses or accused is of such character that his mere presence at large would intimidate the witnesses or that accused will use his liberty to subvert justice or tamper with the evidence. 6. Learned Counsel for opposite parties has not placed any criminal antecedents of the applicant. The applicant has no criminal history. 7. It is settled principle of law that the object of bail is to secure the attendance of the accused. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA for the State. 8. It is to be seen that in the present case injured has suffered simple injuries. There is one injury of ulna bone which is grievous in nature. No dangerous weapon has been used. At the best, offence under Section 325 I.P.C. would be made out against the applicant which is bailable in nature. There is no evidence that the injury were life threatening. Applicant has no criminal history.
Decision
9. In view of the above, the applicant is granted anticipatory bail in respect of offence described in para 2 of the present order. In the event of arrest of the applicant, he shall be released on anticipatory bail on his furnishing a personal bond of Rs.25,000/- with two sureties each in the like amount to the satisfaction of the court 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 concerned. (iv) In the event, the applicant changes residential address, the applicant shall inform the court concerned/Investigating Officer about new residential address in writing. (v) The applicant shall cooperate with the investigation and make himself available for interrogation whenever required. (vi) The applicant shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police. (vii) The applicant shall maintain law and order. (viii) The applicant shall at the time of execution of the bond, furnish his address and mobile number to investigating officer, and the court concerned. (ix) The applicant shall regularly remain present during the trial, and cooperate with the Court to complete the trial for the above offences. (x) Non presence of the applicant or his counsel before the court concerned shall be construed as violation of the present order and the court concerned would be at liberty to take coercive measures in accordance with law. 10. In case of default of any of the conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of protection granted to the applicant. 11. With the directions made above, the anticipatory bail application stands allowed. Order Date :- 17.9.2024 VMA