Mukesh Kumar And Another vs State Of U.P. And Another
2022 Latest Caselaw 22768 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 78
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11388 of 2022
 

 
Applicant :- Mukesh Kumar And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Umesh Chandra Prajapati
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Krishan Pahal,J.

Heard Sri Umesh Chandra Prajapati, learned counsel for the applicants and Sri Sushil Kumar, 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 Complaint Case No.2199 of 2017, registered under Sections 420, 467, 468, 471, 120B, 504 and 506 IPC at Police Station- Nawabad, District Jhansi with a prayer to enlarge them on anticipatory bail.

Learned counsel for the applicants has submitted that co-accused person, Narayan Das Prajapati, has already been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 6.12.2022 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No12285 of 2022. Therefore, the present applicants are also entitled for anticipatory bail on the ground of parity. There is no criminal history 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- Mukesh Kumar and Smt. Priti Devi 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 the applicants shall not pressurize/ intimidate the prosecution witness;

5. that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted;

6. 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 :- 23.12.2022

Ravi Kant