Ajay Singh vs State Of Uttar Pradesh & Another

Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State, and perused the record.

Despite service of notice, no one has put in appearance on behalf of respondent no. 2.

The present bail application under Section 438 Cr.P.C. has been filed for grant of anticipatory bail as the applicant is apprehending his arrest in connection with Case Crime No.560 of 2020, under Sections-147, 148, 149, 323, 352, 452, 324, 504, 506, 307 and 34 I.P.C., Section 7 of Criminal Law Amendment Act and Section 3 (2) (v) of S.C./S.T. (P.A.) Act, Police Station Inayat Nagar, District Faizabad/Ayodhya.

On 11.02.2021, while entertaining the bail application, this Court passed the following order:-

"1. Heard Sri Rajesh Kumar Awasthi, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The present bail application under Section 438 Cr.P.C. has been filed for grant of anticipatory bail as the applicant is apprehending his arrest in connection with Case Crime No.560 of 2020, under Sections-147, 148, 149. 323, 352, 452, 324, 504, 506, 307 of I.P.C. and Section 7 of Criminal Law Amendment Act and Section 3 (2) (v) of S.C./S.T. (P.A.) Act, Police Station Inayat Nagar, District Faizabad/Ayodhya.

Learned counsel for applicant submits that the first information report has been lodged on false and frivolous grounds and that the role assigned to the application is of firing from his weapon. It has also been submitted that the said fact is apparently false in as much as the injury report annexed by him along with the petition of Kusuma Devi, Jannutul Nisha, Hasmat Ali and Kismat Ali would indicate that the injuries on three persons have been shown to be simple while regarding the injury on Kismat Ali he has been referred for further examination. List of the injuries shows that none of it has been caused by a weapon. With regard to applicability of S.C./S.T. Act it has been submitted that Section 3(2) (v) of this Section has been added subsequently. He has submitted that a perusal of the F.I.R. will indicate that it has been alleged by the complaint that the occurrence has happened inside the precincts of the house in a private place and not in a public place. Even if the allegations as mentioned in the first information report are taken to be correct then no offence under S.C./S.T. Act is made out. It has also been submitted that cross F.I.R. has also been registered by the applicant where also investigation is going on and eight persons have been injured from the side of the applicant and the injury reports have been duly annexed with the application.

Learned A.G.A., however, opposes the submissions advanced by learned counsel for the applicant but could not dispute the aforesaid facts.

Considering the above aspects of the matter and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C. till the next date of listing.

Issue notice to opposite party No.2 returnable at an early date.

Steps in this regard be taken within three days.

Till the next date of listing, accused-applicant, namely, Ajay Singh in the event of his arrest in connection with aforesaid case crime, shall forthwith be released on bail on furnishing a personal bond and two sureties in the like amount to the satisfaction of the Arresting officer/Investigating Officer/ S.H.O. concerned on the following conditions:-

(i) That the accused-applicant shall make himself available for interrogation by police authorities as and when required and will cooperate with the investigation;

(ii) That the accused-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; and

(iii) That the accused-applicant shall not leave India without the previous permission of the Court.

The papers regarding bail submitted to the police officer on behalf of the accused/applicant shall form part of the case diary and would be submitted to the court concerned along with same at the time of submission of report under Section 173(2) Cr.P.C. Under Part-III, Chapter- XVIII, Rule-18[3(a)] of the Allahabad High Court Rules, 1952 (amended), a copy of the bail application along with its enclosures be provided to the learned A.G.A. by learned counsel for applicant, within two days from today, without fail.

Learned A.G.A. prays for and is granted one week's time to seek instructions.

List this case on 18th February, 2021 along with Criminal Misc. Anticipatory Bail Application U/S 438 CR.P.C. No. - 369 of 2021 on which date this bail application shall be finally disposed of."

After hearing the learned counsel for the accused-applicant and, going through the entire record, I find substance in the argument advanced on behalf of the accused-applicant.

Thus, the interim order, granted earlier, is hereby confirmed. However, the accused-applicant shall surrender before the trial Court, if charge-sheet is filed and, he is summoned to face trial in offence in question. The accused-applicant shall be released on bail by the trial Court, if he surrenders on issuing summons, on furnishing a personal bond and, two sureties each in the like amount to the satisfaction of the trial Court concerned with the following conditions:-

(i) the applicant(s) shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law;

(ii). the applicant(s) shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

(iii). in case, the applicant(s) misuse(s) the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fail(s) to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him in accordance with law, under Section 174-A of the Indian Penal Code; and

(iv) the applicant(s) shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

This application, thus, stands disposed of.