Allahabad High Court
Shubham vs State Of U.P. on 8 July, 2022
Bench: Vivek Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 69
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3169 of 2022
Applicant :- Shubham
Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Ref:- Criminal Misc. Correction Application No.2 of 2022:-
Heard Sri Santosh Kumar Tiwari, learned counsel for the applicant and Sri Sanjay Singh, learned AGA-I for the State.
The correction application is allowed and the following paragraph of the order 6.6.2022 is hereby deleted :-
"In the event of arrest of the applicant Shubham involved in Case Crime No. 546 of 2018, under Sections 420, 467, 468, 471, 34 IPC and Section 3/7 EC Act and Section 65/66 of Information Technology Act, Police Station Najibabad, District Bijnor, shall be released on anticipatory bail till the submission of police report under section 173 (2) Cr.P.C. on his furnishing a personal bond of Rs.25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicant shall make himself available for interrogation by a police officer 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 office;
(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a certified copy of this order, before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order."
And aforesaid paragraphs are substituted with the following paragraphs :-
"Let the applicant involved in the Shubham involved in Case Crime No. 546 of 2018, under Sections 420, 467, 468, 471, 34 IPC and Section 3/7 EC Act and Section 65/66 of Information Technology Act, Police Station Najibabad, District Bijnor be released on anticipatory bail on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
"1. The applicant shall not leave India during the currency of trial without prior permission from the concerned trial Court.
2. The applicant shall surrender his passport, if any, to the concerned trial Court forthwith. His passport will remain in custody of the concerned trial Court.
3. 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 them from disclosing such facts to the Court or to any police officer;
4. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
5. In case, the applicant misuses the liberty of bail, the trial Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
6. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law."
Order Date :- 8.7.2022
Dev/-
