Allahabad High Court
Kumud Kumar Jain vs State Of U.P. And 3 Others on 1 August, 2022
Bench: Vivek Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 69
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3519 of 2022
Applicant :- Kumud Kumar Jain
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Mohit Kumar
Counsel for Opposite Party :- G.A.,Nipun Singh
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel on behalf of applicant, learned counsel for the informant and Sri Sanjay Singh, learned AGA for the State.
The instant anticipatory bail application has been filed on behalf of the applicant, with a prayer to release him on bail in Case Crime No. 166 of 2020 under Sections 420, 467, 468, 120B I.P.C., Police Station- Sadar Bazar District- Saharanpur, during pendency of trial.
It is contended on behalf of the applicant that he is innocent and has been falsely implicated in the present case. He did not commit any offence as alleged. It is further submitted that he has been implicated in the present due to ulterior motive. Civil dispute is pending between the parties. F.I.R. of the case has been lodged with the delay of 17 years for which no plausible explanation has been given. It is further submitted that for quashing of the F.I.R., petitioner filed Crl. Misc. Writ Petition No. 8171 of 2021 before this Court wherein vide order dated 27.10.2021, interim protection was granted to the applicant. The applicant has no criminal antecedent.
Learned AGA as well as learned counsel for the informant vehemently opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusations and his antecedents, the applicant is entitled to be released on anticipatory bail in this case.
Let the applicant- Kumud Kumar Jain involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
1. The applicant shall not leave India during the currency of trial without prior permission from the concerned trial Court.
2. The applicant shall surrender his passport, if any, to the concerned trial Court forthwith. His passport will remain in custody of the concerned trial Court.
3. That 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 them from disclosing such facts to the Court or to any police officer;
4. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
5. In case, the applicant misuses the liberty of bail, the trial Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
6. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 1.8.2022
A.P. Pandey
