The Allahabad High Court last week granted the interim bail to one of the man accused who assaulted the Police Officials who were on the public duty in the election of Panchayat Polls in the Uttar Pradesh. The police officers who were on duty when they were assaulted by the men they registered F.I.R. against the 45 persons who were unknown to the accused.
The Bench comprising of Justice Rajeev Singh has granted the interim bail i.e. anticipatory bail in case title of “Raj Kumar vs. State of Uttar Pradesh and Anr.” to one accused his name Raj Kumar who was under the interrogating custodian. The bench observed that the custodial interrogation was not required in the following case.
In the present case the anticipatory bail application has been filed on behalf of the Raj Kumar, who named was in the F.I.R. which was registered under the following Sections of 147, 148, 149, 397, 332, 353, 504, 506, 427, 336, 34 of Indian Penal Code and also under section 7 of Criminal Law Amendment and Section 131, 132 (3), 135A of Reprentation of People Act.
The counsel who representing the assused presents that “after casting his vote in the forenoon”that after casting his vote in the forenoon, he went to the house of his maternal uncle, located 50 km. away from his village and he got to know that some irregularities had taken place at the booth (where he cast his vote), which was reported by the journalists on the social media and requested the authorities to take necessary action.
Further Counsel satated that “it also came into the knowledge of the applicant (from backward caste) that his name had also been mentioned in the F.I.R. at the behest of the rivals (from upward class), who were under the impression that the applicant did not cast his vote in their favour."
Lastely the counsel submitted that the accuseddoes not have any criminal background or history and no custodial interrogation was required during the continuence of the investigation process so the application for entitling the bail should be approved.
On the other hand the Advocate Daya Shankar Yadav appeared from the opposide side submitted the application and contended that in the forgoing case “incident, a number of villagers including the applicant had assaulted the police personnel and in the said incident four police personnel received injuries, therefore, the applicant is not entitled for bail."
However after hearing the whole contention from bth the side of the parties the court held that it was noted by the Court that the police officers refistered the F.I.R. against the 45 peple who are unknoew so the the court granted the interim bail or anticipatory bail to the Raj Kumar.