Allahabad High Court
Ram Dayal vs State Of U.P Thru. Prin. Secy. ... on 6 December, 2022
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 11
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 260 of 2022
Applicant :- Ram Dayal
Opposite Party :- State Of U.P Thru. Prin. Secy. Home. Civil. Sectt.
Counsel for Applicant :- Sunil Sharma,Anshuman Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P. and perused the record.
This Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. has been moved by the applicant seeking Anticipatory Bail in Case Crime No. 25 of 2021, under Section 409 IPC, Police Station Pihani, District Hardoi.
On 21.02.2022, Coordinate Bench of this Court, while granting interim anticipatory bail to the applicant, has passed following order :-
"Heard learned counsel for the applicant and 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 FIR No.0025 of 2021, under Section 409 IPC, Police Station Pihani, District Hardoi, with a prayer to enlarge him on anticipatory bail.
Learned counsel for the applicant has stated that the applicant has retired in the year 2015 and the present FIR has been lodged in 2021 after an inquiry instituted in the year 2019. Learned counsel for the applicant has further stated that being a special act, the provisions of Co-operative Societies Act must have been taken into consideration. Much reliance has been placed on Clause 103 Sub Clause 1 of the U.P. Co-operative Act, 1965. Learned counsel for the applicant has further stated that the applicant is innocent and undertakes that he will cooperate in the investigation failing which the State can move appropriate application for vacation of the interim protection.
Learned A.G.A. has opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicant.
On due consideration to the arguments advance 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, as an interim measure, is liable to be enlarged on anticipatory bail in view of the Constitution Bench judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98". 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 the event of arrest, the accused-applicant Ram Dayal shall be released forthwith in the aforesaid case crime (supra) on interim anticipatory bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned on the following conditions:-
(i) the applicant shall make himself available for interrogation as and when required;
(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; and
(iii) the applicant shall not leave India without the previous permission of the Court.
Learned AGA is granted three weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.
List this case on on 04.04.2022 in the additional cause list."
It is submitted by learned counsel for the applicant that till date, no charge-sheet has been submitted in this case. The applicant is cooperating with the investigation and did not misuse the liberty of aforesaid interim anticipatory bail which was granted on 21.02.2022 by the Coordinate Bench of this Court.
Learned A.G.A. for the State does not dispute the aforesaid factual aspect of the matter as argued on behalf of the applicant.
In view of the above, aforesaid interim anticipatory bail order dated 21.02.2022 is made absolute till submission of police report under Section 173(2) Cr.P.C. on the terms and conditions as indicated in the above order dated 21.02.2022.
With the aforesaid observations and directions, the instant anticipatory bail application is allowed.
Order Date :- 6.12.2022
saurabh
