Allahabad High Court
Ram Naresh vs State Of U.P. Through Secretary ... on 4 August, 2022
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 16
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1269 of 2022
Applicant :- Ram Naresh
Opposite Party :- State Of U.P. Through Secretary (Home Department ) , Civil Secretariat , U.P. Lucknow And Another
Counsel for Applicant :- Dinesh Kumar,Ajeet Singh
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Dinesh Kumar, learned counsel for the applicant and Sri Vinay Kumar Sahi, learned A.G.A. for the State as well as perused the record.
The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.0608 of 2019, under Sections 406, 420, 504 and 506 IPC at Police Station- Isanagar, District Kheri with a prayer to enlarge him on anticipatory bail.
As per prosecution story, the applicant alongwith one Umesh Kumar and some other persons are stated to have made the informant to invest Rs.1,22,700/- in share market. The applicant is stated to have received Rs.65,000/- in cash and the rest amount is stated to have been transferred in the account of co-accused Umesh Kumar through RTGS.
Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case and has nothing to do with the said offence. There is nothing on record to suggest that any money has been transferred to the account of the applicant. The prosecution has added colour by alleging that the applicant had received Rs.65,000/- in cash. There are no criminal antecedents of the applicant. The charge-sheet has already been filed against the applicant. Learned counsel for the applicant undertakes that he will cooperate in the investigation failing which the State can move appropriate application for vacation of the interim protection.
The prayer for anticipatory bail have been vehemently opposed by learned A.G.A. However, he could not dispute the said fact of no criminal antecedents of the applicant.
The case of the applicant is on a different footing than the co-accused person Umesh Kumar.
On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Shri Gurbaksh Singh Sibbia and Others vs. State of Punjab, (1980) 2 SCC 656". The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Ram Naresh be released forthwith in the aforesaid case crime (supra) on anticipatory bail on furnishing a personal bond of Rs.50,000/- and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. that the applicant shall make himself available for interrogation by a police officer as and when required;
2. 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence;
3. that the applicant shall not leave India without the previous permission of the court;
4. that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant;
5. that the applicant shall not pressurize/ intimidate the prosecution witness;
6. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
7. that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial or deciding the regular bail application.
Order Date :- 4.8.2022
Ravi Kant
