The Allahabad High Court has granted conditional anticipatory bail to former police Sub-Inspector Mahaveer Chaudhary in case of police party firing, whereby two persons were injured in the cross firing by the police.
A Single Bench of Justice Krishan Pahal passed this order while hearing a Criminal Misc Anticipatory Bail Application under section 438 CRPC filed by Mahaveer Chaudhary.
The anticipatory bail application has been filed on behalf of the applicant in F.I.R/Case under Sections 338, 304, 307 IPC, Police Station Kadaura, District Jalaun, with a prayer to enlarge him on anticipatory bail.
As per prosecution story, it is the case of police party firing, whereby two persons were injured in the cross firing by the police. The applicant was employed as Sub-Inspector at the time of offence dated 19.2.1978.
Counsel for the applicant has stated that the applicant is maliciously being prosecuted in the case due to ulterior motive and has the apprehension of his arrest. The applicant has nothing to do with the said offence as alleged by the prosecution. The applicant was not named in the FIR. The name of the applicant has come up later on during the investigation taken up by CBCID. The applicant has since retired and is undergoing treatment of renal failure and undergoes three dialysis per week.
Counsel has stated that the applicant is aged about 80 years. The applicant is ready to co-operate during the trial.
Counsel has further stated that the proceedings were stayed by the Court in Criminal Misc Application U/S 482 Cr.P.C vide order dated 15.5.2002 and the said application is still pending, but in light of the judgement of the Apex Court passed in Asian Resurfacing of Road Agency Pvt and Another vs Central Bureau of Investigation reported in 2018 (16) SCC 299, the said stay order dated 15.5.2002 stands vacated.
Counsel has next stated that the applicant has been put to double jeopardy due to the said vacation of the stay order, as such, he has applied for anticipatory bail. It is further stated that the applicant has an unblemished record as police personnel and has been awarded several times.
It is further submitted that the applicant has no criminal antecedents. In case, the anticipatory bail application of the applicant is allowed, he will not misuse the liberty and shall cooperate with trial.
On the other hand, A.G.A has vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the counsel for the applicant and also the fact that the applicant has no criminal history.
“On due consideration to the arguments advanced by the counsel for the parties and in view of the law laid down by the Apex Court in the case of “Sushila Agrawal Vs State (NCT of Delhi)-2020 SCC online SC 98″, the applicant is entitled to be granted anticipatory bail in the case”, the Court observed while allowing the anticipatory bail application.
The Court ordered that,
In the event of arrest of the applicant, Mahaveer Chaudhary involved in the aforesaid case crime number, shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:-
(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 previous permission of the court;
(iv) that 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;
In case of breach of any of the above conditions, the court below shall have the liberty to cancel the bail granted to the applicant.