Allahabad High Court
Khalid 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. - 12551 of 2022
Applicant :- Khalid And Another
Opposite Party :- State of U.P.
Counsel for Applicant :- Pankaj Bharti
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Pankaj Bharti, 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 Crime No.567 of 2022, registered under Sections 420 and 465 IPC at Police Station- Khatauli, District Muzaffar Nagar with a prayer to enlarge them on anticipatory bail.
As per prosecution story, truck No. UP 12 BT 0768 was being run on the basis of fake documents as the real registration number of the said truck was found to be UP 15 CT 8658.
Learned counsel for the applicants has stated that the applicants have been falsely implicated in the present case. They are neither the owner nor the purchaser of the said truck. They are the proposed owners of the said trucks and the said trucks have been released to their respective owners. The release orders are annexed as annexre nos.3 and 4 to the anticipatory bail application. There are no criminal antecedents of the applicants. Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegations made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon at length. Learned counsel for the applicants undertakes that they have co-operated in the investigation and are ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicants.
On due consideration to the arguments advanced by learned counsel for the applicants as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicants, 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- Khalid and Israr be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond 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
