Karunesh Singh Pawar, J.

Application (I.A. No.1/2023)

1. This is an application for correction in order dated 17.04.2023, passed by this Court.

2. Heard learned counsel for the applicant and learned A.G.A. for the State-respondents.

3. It is submitted on behalf of the applicant that the charge sheet has already been filed in the case and due to typographical error in para 2 of second page of the order dated 17.04.2023, instead of words, "concerned court", the words, "the accused/applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call for investigation/interrogation" have been inadvertently typed.

4. Learned A.G.A. does not dispute that the charge-sheet has already been filed and the trial is pending.

5. In view of above, it would be appropriate to pass a fresh complete order which is extracted below:-

"The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No.84/2019, under Sections 308/323/504/506/352 I.P.C., P.S. Kotwali Bikapur, District Faizabad/Ayodhya.

Heard learned counsel for the applicant as well as learned A.G.A. for the State.

This is the second anticipatory bail application. The first anticipatory bail application of the applicant was dismissed as withdrawn with liberty to file afresh.

Learned counsel for the applicant seeks parity with the order of Beeru Singh who has been enlarged on bail by the learned Sessions Court vide order dated 30.05.2022 passed in bail application No.1159/2022 (Annexure No. 10).

It is further submitted on behalf of the applicant that general role of assault has been levelled on the present applicant as well as the co-accused Beeru Singh who has been enlarged on bail. It is also submitted that the injured namely Santosh Kumar Singh in his statement upon a query being made by the investigating officer could not point out as to what was the sharp edged weapon used by the assailants. As per medical report no injury is fatal.

Learned counsel for the applicant further submits that he will cooperate in the trial.

Leaned A.G.A. opposed the anticipatory bail application.

On due consideration to the submissions advanced, perusal of the record so also the fact that the applicant has no criminal history, he has cooperated in the investigation and he shall cooperate in the trial as also the fact that the applicant was assigned the similar role that of the co-accused Beeru Singh who has been enlarged on bail by the District Court, it would be expedient in the interest of justice that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.

In view of the above, since charge-sheet in the matter has been filed, the accused applicant is directed to surrender before trial court, if he is summoned to face trial for offence in question. The accused applicant-Pawan Singh shall be released on anticipatory bail by the trial court on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court concerned with the following conditions:-

(i) 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 tamper with the evidence;

(ii) The applicant shall not leave India without the previous permission of the court;

(iii) The applicant shall not pressurize/ intimidate the prosecution witness;

(iv) The applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

(v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;

Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.

It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.

In view of the aforesaid, the application is allowed."

6. The application is disposed of accordingly.