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Pankaj Prajapati v. State Of U.p. Thru. Prin. Secy. Home Lko. And Another

Pankaj Prajapati v. State Of U.p. Thru. Prin. Secy. Home Lko. And Another

(High Court Of Judicature At Allahabad, Lucknow Bench)

CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2062 of 2023 | 21-09-2023

Subhash Vidyarthi, J.

1. Heard Dr. Virendra Singh Yadav, the learned counsel for the applicant, Sri Anurag Verma, the learned AGA-I for the State and perused the records.

2. The instant application has been filed by the applicant seeking anticipatory bail in Case Crime No. 147 of 2023, under Sections 323, 324, 307, 308, 504, 506 IPC, Police Station Aaspur Devsara, District Pratapgarh.

3. The aforesaid case has been registered on the basis of an FIR lodged on 11.05.2023, in furtherance of an application under Section 156 (3) Cr.P.C. filed on 16.01.2023, against three persons, including the applicant alleging that the accused persons had beaten up the informant on 29.05.2022 because of a dispute of cutting some bamboos. Prior to lodging of the present FIR, the applicant's brother-co-accused Dinesh Prajapati had filed an application under Section 156(3) on 13.07.2022 against the informant Shivam Singh and three other persons alleging that they had beaten up the informant's brother on 29.05.2022.

4. In the affidavit filed in support of the applicant, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and that he has no criminal history.

5. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident in question is said to have taken place on 29.05.2022; that an application under Section 156(3) Cr.P.C. was filed in this regard by the applicant's brother on 13.07.2022 whereupon an FIR was lodged on 29.11.2022 and the application under Section 156(3) Cr.P.C., on the basis whereof this FIR has been registered was filed subsequently on 16.01.2023 and that the applicant has no criminal history, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.

6. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Pankaj Prajapati before the learned Trial Court in the aforesaid case, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:

(i) That the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted;

(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 pressurize/ intimidate the prosecution witness.

Advocate List

  • Dr. Virendra Singh Yadav

  • G.A.

Bench
  • HON'BLE MR. JUSTICE SUBHASH VIDYARTHI
Eq Citations
  • 2023/AHC-LKO/60870
  • LQ/AllHC/2023/6703
Head Note

Anticipatory Bails — Criminal Procedure Code, 1973 — S. 438 — Anticipatory bail granted — Incident in question said to have taken place on 29.05.2022 — Application under S. 156(3) CrPC filed in this regard by applicant's brother on 13.07.2022 whereupon an FIR was lodged on 29.11.2022 and application under S. 156(3) CrPC, on the basis whereof this FIR has been registered was filed subsequently on 16.01.2023 and that the applicant has no criminal history — Facts are sufficient for making out a case for granting anticipatory bail to the applicant (Paras 2 to 6)