Allahabad High Court
Raju Madhukar And 2 Other vs State Of U.P. And Another on 11 June, 2021
Bench: Vivek Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 1
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10480 of 2021
Applicant :- Raju Madhukar And 2 Other
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Vinod Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Agarwal,J.
1. Sri Vinod Kumar Singh, learned counsel for the applicants and Sri Nagendra Srivastava, learned AGA for the State.
2. Counsel for the applicants submits that he has directly come to this court in as much as FIR was lodged on 15.3.2021 and he received information about it on 24.3.2021, at that time second waive of the Covid-19 pandemic was on its peak. Therefore, applicants have been able to make out an extraordinary circumstances in the light of the judgment of Five Judges Bench of this Court in case of Ankit Bharti Vs. State of U.P. and another; 2020 (3) ADJ 165 (F.B.)., by directly approaching this Court.
3. Counsel for the applicants submits that FIR has been lodged in regard to a subject matter of civil transaction which allegedly took place on 3.10.2011, after almost 9 years of the transaction. A civil suit is already pending bearing case no. 58 of 2018 between Kalawali Devi and others Vs. Bechan. It is submitted that the applicants have been falsely implicated in the court case so to dissuade them from perusing civil case in which trial court has already granted injunction vide order dated 11.1.2018. In view of such facts, it is submitted that since criminal case has been put into motion with a view to coerce the applicants, they may be extended the benefit of anticipatory bail.
4. Sri Nagendra Srivastava opposes the prayer for granting anticipatory bail to the applicants.
5. Looking to the facts of the case, taking into consideration the gravity and nature of accusation and there being no possibility of their fleeing from process of justice delivery, this Court is of the view that applicants are entitled for anticipatory bail.
6. Accordingly, let applicants namely Raju Madhukar, Kalawati Devi and Reema Devi involved in the aforesaid case shall be released on anticipatory bail on their furnishing a personal bond of Rs. 50,000/- each with two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned with the following conditions:-
(i) The applicants shall make themselved available for interrogation by a police officer as and when required, by approaching said police officer within 30 days from today.
(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 him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iii) The applicants shall not leave India without the previous permission of the Court.
(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.
(vi) In default of any of the conditions mentioned above or in case it is found that applicant has obtained this order concealing any material facts, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 11.6.2021
S.K.S.
