Supreme Court: In a Criminal Appeal under Article 136 of Constitution of India against the judgment and final order passed by Allahabad High Court on 28-2-2023 rejecting anticipatory bail of the petitioner for offences under Sections 448, 452, 427, 323, 504, 506, 395, 120-B of the Penal Code, 1860 regarding demolition of complainant’s house and dacoity, the Division Bench of Sanjay Kishan Kaul and Ahsanuddin Amanullah, JJ. granted anticipatory bail to the Police constable considering the facts and circumstances of the case.
The matter at hand was reported in 2019, for an accident which allegedly took place on 14-1-2016. The Court pointed towards the undisputed fact that the First Information Report (‘FIR’) was filed after a delay of 3 years, and the appellant is a Police Constable. The Court also gave regard to the counsel’s submission that “the only role assigned to the appellant was his presence along with the others and such of the persons who are alleged to have dragged the occupants outside the house have already been granted bail.”
The Court also considered the stay on cancellation of bail to the co-accused and observed that the appellant does not need to be arrested on the chargesheet filed and directed him to join the trial and assist in early conclusion of the same. The Court thereby granted bail to the Police Constable.
[Constable Dharmendra Singh v. State of Uttar Pradesh, 2023 SCC OnLine SC 676, Order dated 17-5-2023]
Advocates who appeared in this case :
For Petitioners: Advocate on Record Namit Saxena, Advocate Panshul Chandra, Advocate Waseem Khan, Advocate Awnish Maithani, Advocate Shivam Raghuwanshi, Advocate Shiksha Ashra;
For Respondents: Additional Advocate General Ardhendhumauli Kumar Prasad, Advocate on Record Adarsh Upadhyay, Advocate Ashish Madaan, Advocate Pallavi Kumari.