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Allahabad HC grants bail to man accused of assaulting police officials during UP panchayat polls

The Counsel said that he does not have any criminal history and no custodial interrogation is needed during the course of the investigation, therefore, he is entitled to bail.

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The Allahabad High Court has granted Anticipatory Bail to a man accused of assaulting Police Officials, who were on election duty during the Panchayat Polls in Uttar Pradesh while noting that the Police Officer had named 45 persons in the said FIR, who were unknown to him.

A Single Bench of Justice Rajeev Singh passed this order while hearing a Criminal Miscellaneous Anticipatory bail application filed by Raj Kumar under relevant Sections of IPC, Criminal Law Amendment and Representation of People Act at Kandhai Police Station of Pratapgarh district.

The Counsel for the applicant submitted that Raj’s marriage was scheduled on April 28, 2021, on account of which, after casting his vote in the forenoon, he went to the house of his maternal uncle at Police Station Patti, District Pratapgarh, which is 50 km away from his village, to distribute the invitation card of his marriage and stayed there.

It came to Raj’s knowledge that some irregularities had taken place at the booth, which was reported by the journalists on social media and requested the authorities to take necessary action.

It also came to the knowledge of the applicant that his name has also been mentioned in the FIR at the behest of the rivals, who were under the impression that the applicant has not cast his vote in their favour.

Raj’s Counsel submitted that co-accused Shiv Prasad, Ram Dhari, Om Prakash and Mahendra Singh Patel have already been granted interim protection by the Court on June 9, 2021.

The Counsel also said that he does not have any criminal history and no custodial interrogation is needed during the course of investigation, therefore, he is entitled for bail.

The Additional Government Advocate opposed the prayer of the applicant and submitted that in the said incident, a number of villagers, including Raj, assaulted the police personnel and in the said incident, four police personnel received injuries. Therefore, the applicant should not be granted bail.

“As custodial interrogation is not necessary in the case, I am of the view that as an interim measure, in case Raj Kumar is taken into custody by the Investigating Officer/Investigating Agency, then he shall be released on interim bail after taking personal bond of Rs 50,000, subject to following conditions:-

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(1) The applicant shall make himself available for interrogation by a police officer as and when required;

(2) 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;

(3) The applicant shall not leave the District concerned without the previous permission of the Court. 

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