Court No. - 75

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. -

5256 of 2022

Applicant :- Maroof

Opposite Party :- State Of U.P.And Another

Counsel for Applicant :- Sunil Kumar Dubey

Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and

perused the record.

The present application has been moved seeking anticipatory bail in Case Crime

no. 108 of 2022, under Sections 147, 148, 323, 308, 504, 332, 353, 427 I.P.C.,

Police Station Simbhawali, District Hapur with the prayer that in the event of

arrest, applicant may be released on bail.

It has been argued by the learned counsel for the applicant that applicant is

innocent and he has an apprehension that he may be arrested in the above-

mentioned case, whereas there is no credible evidence against him. The

applicant has no criminal antecedents and that no coercive process has been

issued against the applicant so far. According to prosecution version on

23.03.2022 at 10.30 AM while a team of officials of Electricity Department was

doing the proceedings of disconnecting the electricity connections of defaulters,

the applicant and co-accused persons have attacked the said team with sharp

edged weapons and sticks and resultantly complainant and other members of the

team have sustained injuries. The accused persons have torn their official

documents by snatching the same and they have also snatched mobile phone and

cash of Rs. 2500/- from complainant. Learned counsel submitted that the injured

persons have not sustained any serious injury and that no case under Section 308

IPC is made out. There is no independent witness of alleged incident. Only

general allegations have been levelled against all the accused persons including

applicant and no specific role has been assigned to the applicant. The applicant

undertakes to co-operate during investigation and trial and he would appear as

and when required by the investigating agency or Court. It has been stated that

in case, the applicant is granted anticipatory bail, he shall not misuse the liberty

of bail and will co-operate with the investigation and would obey all conditions

of bail.

Learned A.G.A. has opposed the application for anticipatory bail and argued that

the applicant and co-accused persons have assaulted the officials of Electricity

Department, who were performing their official duties. Injured Kunwarpal Singh

and Ankit Sharma have sustained serious injuries on vital parts. Further, their

official documents, mobile phone and cash of the complainant were also

snatched and thus, the question of recovery is involved. It was stated that in

view of nature of allegations, applicant is not entitled for anticipatory bail.

It may be stated that in case of Siddharam Satlingappa Mhetre v. State of

Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court

that while deciding anticipatory bail, Court must consider nature and gravity of

accusation, antecedent of accused, possibility of accused to flee from justice and

that Court must evaluate entire available material against the accused carefully

and that the exact role of the accused has also to be taken into consideration.

In the instant case, considering the settled principle of law regarding anticipatory

bail, submissions of the learned counsel for the parties, nature of accusation, role

of applicant and all attending facts and circumstances of the case, without

expressing any opinion on merit of the case, no case for anticipatory bail is

made out. Accordingly the anticipatory bail application filed on behalf of

applicant Maroof is rejected.

Order Date :- 8.7.2022

Anand

Digitally signed by ANAND VERMA

Date: 2022.07.12 13:47:39 IST

Reason:

Location: High Court of Judicature

at Allahabad