Allahabad High Court
Ajay Kumar Upadhyay vs State Of U.P. on 2 June, 2022
Bench: Vivek Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 46
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2743 of 2022
Applicant :- Ajay Kumar Upadhyay
Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd. Parvez,Sanjeev Kumar Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel on behalf of applicant and Sri Sanjay Singh, learned AGA for the State.
The instant anticipatory bail application has been filed on behalf of the applican with a prayer to release him on bail in Case Crime No. 706 of 2017 under Sections 420, 468, 471 I.P.C., Police Station- Robertsganj District- Sonbhadra, during pendency of trial.
It is contended on behalf of the applicant that he is innocent and has been falsely implicated in the present case. No specific allegation has been levelled against the applicant for committing any such irregularities or misrepresentation. It is further submitted that he has been implicated in the present due to ulterior motive. Applicant was Medical Practitioner and he was also engaged in some educational society, wherein he was Manager. No fraud has been committed by the applicant. Co-accused Atul Kumar Srivastava has already been granted anticipatory bail till conclusion of trial by the co-ordinate Bench of this Court vide order dated 11.11.2021 in Crl. Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No. 17952 of 2021 and co-accused Kedar Nath Upadhyaya has also been granted anticipatory bail vide order dated 25.2.2022 in Crl. Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No. 1442 of 2022. The applicant has no criminal antecedent.
Learned AGA vehemently opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusations and his antecedents, the applicant is entitled to be released on anticipatory bail in this case.
Let the applicant-Ajay Kumar Upadhyay involved in the aforesaid crime 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 :- 2.6.2022
A.P. Pandey
