Allahabad High Court
Rohit Agrawal vs State Of U.P. on 15 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. - 10783 of 2021
Applicant :- Rohit Agrawal
Opposite Party :- State of U.P.
Counsel for Applicant :- Brijesh Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Agarwal,J.
Heard Sri Brijesh Kumar Mishra, learned counsel for applicant and Sri Nagendra Srivastava, learned AGA for the State.
This anticipatory bail application has been filed on behalf of applicant-Rohit Agrawal s/o Govind Agrawal, registering Case Crime No. 0041 of 2021 at Police Station-Lohamandi, District-Agra under Section 306 IPC, on the ground that husband of the complainant namely, Late Rahul Agrawal committed suicide on 20.03.2021 between 10:30 - 11:00 am by hanging on account of certain unscrupulous transactions carried out by his partner Akash Goyal @ Akku s/o Girish Goyal, who as per the version of the FIR had sold material lying in the shop and had obtained cash payment for that material, but the creditors were bringing pressure on the husband of the applicant, as a result of which, he committed suicide.
It is submitted that there is not only delay in the FIR, but also there are omnibus allegations against the present applicant and main accused, if any, appears to be Akash Goyal.
Applicant has directly come to this Court because F.I.R. was lodged on 25.03.2021, when second wave of Covid-19 pandemic was on its peak. Therefore, applicant has 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.
Learned AGA submits that there is no criminal history of the present applicant and ingredients of Section 107 IPC are not made out qua the present applicant.
Looking to the facts of the case, taking into consideration the gravity and nature of accusation and there being no possibility of his fleeing from process of justice delivery, this Court is of the view that applicant is entitled for anticipatory bail.
Accordingly, let applicant Rohit Agrawal implicated in the aforesaid case be released on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- 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 applicant shall make himself available for interrogation by a police officer as and when required, by approaching said police officer within 30 days from today.
(ii) 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 or tamper with the evidence.
(iii) The applicant 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.
In above terms, case is disposed off.
Order Date :- 15.6.2021
Vikram/-
