Police Officials Assaulted During Panchayat Polls- "Police Named 45 Unknown Persons In FIR": Allahabad HC Grants Anticipatory Bail To One

Noting that the Policer Officer named 45 persons in the said F.I.R., who were unknown to him, the Allahabad High Court last week granted Anticipatory Bail to a man accused of Assaulting Police Officials who were on election duty during the Panchayat Polls in Uttar Pradesh.

The Bench of Justice Rajeev Singh granted Bail to one Raj Kumar observing that custodial interrogation was not necessary in the instant case.

The instant anticipatory bail application had been filed on behalf of the applicant Raj Kumar named in an in F.I.R. under Sections 147, 148, 149, 395, 397, 332, 353, 504, 506, 427, 336, 307, 34 I.P.C. and Section 7 of Criminal Law Amendment and Sections 131, 132(3), 135A of Representation of People Act.

His counsel submitted 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 knowl 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, the Counsel stated 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.

Lastly, it was lastly submitted that the applicant does not have any criminal history and no custodial interrogation was needed during the course of the investigation, therefore, the applicant was entitled to bail.

On the other hand, the A.G.A. opposed the prayer of the applicant and submitted that in the said 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, observing that it was evident that the police officer named 45 persons in the said F.I.R., which were unknown to him, the Court, as an interim measure, he was granted anticipatory bail. 

Advocate Daya Shankar Yadav appeared for the Applicant in the matter.

Case title- Raj Kumar v. State Of U.P. And Anr

Click here To Download Order

Read Order