Allahabad High Court
Amit Kumar And Another vs State Of U.P. on 12 December, 2022
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12561 of 2022
Applicant :- Amit Kumar And Another
Opposite Party :- State of U.P.
Counsel for Applicant :- Vishal Tandon
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Vishal Tandon, learned counsel for the applicants and Sri Vibhav Anand Singh, 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 applicants in Case No.8093/9 of 2022 arising out of Case Crime No.634 of 2018, under Sections 420, 465, 468, 471 IPC, Section 3/7 Essential Commodities Act, Section 66D I.T. (Amendment) Act, 2000 and Section 34 of Aadhar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016, Police Station- Civil Lines, District Muzaffarnagar with a prayer to enlarge them on anticipatory bail.
Learned counsel for the applicants has submitted that co-accused persons, Kamal Singh and Pramod Snehi, have already been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 25.11.2022 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. Nos.11801 of 2022. Therefore, the present applicants are also entitled for anticipatory bail on the ground of parity. There are no criminal antecedents of the applicants. Learned counsel for the applicants undertake that they will cooperate in the trial failing which the State can move appropriate application for cancellation of the anticipatory bail.
The prayer for anticipatory bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.
On due consideration to the arguments advanced by learned counsel for the applicants as well as learned A.G.A. and considering the fact that the co-accused persons have already been enlarged on anticipatory bail, the applicants are liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1". The future contingencies regarding the anticipatory bail being granted to applicants 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 applicants is allowed. Let the accused-applicants-Amit Kumar and Kanwarpal be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal and two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/court concerned with the following conditions:-
1. that the applicants shall make themselves available for interrogation by a police officer as and when required;
2. that 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 them from disclosing such facts to the court or to any police officer or tamper with the evidence;
3. that the applicants shall not leave India without the previous permission of the court;
4. that in case charge-sheet is submitted the applicants shall not tamper with the evidence during the trial;
5. that the applicants shall not pressurize/ intimidate the prosecution witness;
6. that the applicants 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.
Order Date :- 12.12.2022
Ravi Kant
