Allahabad High Court
Varish And 2 Others vs State Of U.P. on 9 February, 2021
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1902 of 2021
Applicant :- Varish And 2 Others
Opposite Party :- State of U.P.
Counsel for Applicant :- Birendra Singh
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned AGA for the State.
The instant anticipatory bail application has been filed on behalf of the applicants, Varish,Khalid and Majid, with a prayer to release them on bail in Case Crime No. 346 of 2020, under Section- 379, 411 IPC and 4/21 Mines and Minerals(Development and Regulation) Act, 1957 Act and Section 3 Prevention of Damages Public Properties Act, 1984, Police Station- Naini, District- Prayagraj, during pendency of trial.
There is allegation of theft of silica sand against the applicants. Applicants have also been implicated under Section 4/21 Mine and Minerals Act.
Learned counsel for the applicants has submitted that implication of the applicants by the police for offence under Mines and Minerals Act is unwarranted. The allegation of theft is unfounded. The applicants had valid transit pass. They have no criminal history to their credit. They have definite apprehension that they may be arrested by the police any time.
Learned AGA has opposed the prayer for anticipatory bail of the applicant, but could not dispute the aforesaid fact.
Hence the applicants are directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and order dated 22.05.2020 passed by this Court in Criminal Misc. Anticipatory Bail Application No.2609 of 2020. The future contingencies regarding anticipatory bail being granted to applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.
Without expressing any opinion on the merits of the case and considering the nature of accusations and their antecedents, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants shall be released on anticipatory bail till the cognizance is taken by the court on the police report, if any, under section 173 (2) Cr.P.C. before the competent Court on furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:-
(i) The applicants shall make themselves available for interrogation by a police officer as and when required;
(ii) The applicants 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 from disclosing such facts to the Court or to any police office;
(iii) The applicants shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law, expeditiously, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicants are directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
Order Date :- 9.2.2021
Atul kr. sri.
