Allahabad High Court
Anuj @ Anuj Kumar vs State Of U.P. And Another on 20 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. - 10091 of 2022
Applicant :- Anuj @ Anuj Kumar
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ashish Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Ashish Pandey, learned counsel for the applicant and Sri R.P. Patel, 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 F.I.R./Case Crime No. 100 of 2020, under Sections 308, 325 IPC, Police Station Ramala, District Baghpat, with a prayer to enlarge him on anticipatory bail.
Learned counsel for the applicant has stated that the applicant was enlarged on regular bail by the Court of Additional Chief Judicial Magistrate, Baghpat vide order dated 15.07.2020 and during that period, he has not misused the liberty granted to him. Learned Counsel has placed much reliance on the judgments of the Apex Court passed in case of Bhadresh Bipinbhai Sheth vs. State of Gujarat & Another reported in 2016 (1) SCC (Cri) 240 and Manoj Suresh Jadhav & Ors. vs. The State of Maharashtra, reported in 2018 SCC OnLine SC 3428, wherein the applicant therein was enlarged on anticipatory bail in the added sections U/S 438 Cr.P.C. after being enlarged on regular bail U/S 439 Cr.P.C. Learned Counsel has also placed reliance on the judgment of this Court passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.9742 of 2021, wherein the accused was enlarged on anticipatory bail after being granted regular bail. Learned counsel has further submitted that the applicant is maliciously being prosecuted in the present case due to ulterior motive. The applicant has nothing to do with the said offence as alleged by the prosecution. It is further submitted that the applicant has no criminal antecedents. In case, the anticipatory bail application of the applicant is allowed, he will not misuse the liberty and shall cooperate with trial.
On the other hand, learned A.G.A. has vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history.
On due consideration to the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98", the applicant is entitled to be granted anticipatory bail in this case.
Without expressing any opinion upon ultimate merits of the case either ways which may adversely affect the trial of the case, the anticipatory bail application of the applicant is allowed.
In the event of arrest of the applicant, Anuj @ Anuj Kumar involved in the aforesaid case crime number, shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:-
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 previous permission of the court;
4. that the applicant shall not tamper with the evidence during the trial;
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;
In case of breach of any of the above conditions, the court below shall have the liberty to cancel the bail granted to the applicant.
It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 20.12.2022
Siddhant
