High Court
Case Details
Neutral Citation No. - 2023:AHC:191879 Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10931 of 2023 Applicant :- Satyadev Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised.
Legal Reasoning
8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgement passed by the Apex Court in Paras Ram Vishnoi vs. The Director, Central Bureau of MANU/SCOR/22410/2021, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for anticipatory bail. The anticipatory bail application is allowed on the ground of parity. Investigation,
Arguments
2. Heard Sri Ashutosh Kumar Pandey, learned counsel for the applicant and Sri D.K. Singh, learned A.G.A. for the State as well as perused the record. 3. This is the second anticipatory bail application on behalf of the applicant. The first Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.9273 of 2022 was disposed of by this Court vide order dated 06.07.2023 and the following order was passed:- "4. After arguing for some time, applicant's counsel submits that the present application for anticipatory bail may be disposed of with a direction to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another reported in 2022 SCC OnLine SC 825. 5. Learned A.G.A. has no objection to the prayer of learned counsel for the applicant. 6. After hearing learned counsel for the parties, no case is made out for interference U/s 438 Cr.P.C. The present anticipatory bail application is disposed of with a direction that the applicant shall surrender before the concerned court below within one month from today and in case a regular bail application is filed, the same be decided in view of the law laid down by the Supreme Court in case of Satender Kumar Antil (supra). 7. For the period of one month from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicant, in the above case." 4. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.214 of 2022 registered under Sections 147, 148, 149, 323, 504, 506, 332, 353, 336, 307, 120-B IPC, 3/4 Prevention of Damage to Public Property Act, 1984 and 7 of Criminal Law (Amendment) Act, 1932, at Police Station- Alinagar, District Chandauli with a prayer to enlarge him on anticipatory bail. 5. Learned counsel for the applicant has stated that the previous counsel could not argue the matter properly as he did not drew the facts before this Court that three co-accused persons have been enlarged on anticipatory bail by this Court. The co- accused person Akhilesh Yadav was enlarged on anticipatory bail till the submission of police report, if any, under Section 173(2) Cr.P.C. vide order dated 30.09.2022 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.9306 of 2022. The co-accused person Mulayam Yadav was enlarged on anticipatory bail till the conclusion of trial by the Co- ordinate Bench of this Court vide order dated 02.11.2022 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.6428 of 2022. 6. It is further stated that the third accused person Mukesh Yadav was enlarged on anticipatory bail till the conclusion of trial by Co-ordinate Bench of this Court vide order dated 31.03.2023 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.3567 of 2023, although he was not named in the FIR. Therefore, the present applicant is also entitled for anticipatory bail on account of parity to the co- accused person Mulayam Yadav as there are general and omnibus allegations against all the accused persons. Learned counsel for the applicant undertakes that he will cooperate in the trial failing which the State can move appropriate application for cancellation of the anticipatory bail. 7. The prayer for anticipatory bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.
Decision
9. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Satyadev Yadav 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 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 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. 10. 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 :- 4.10.2023 Ravi Kant (Krishan Pahal, J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad