Allahabad High Court
Sushil Dutt Pandey vs State Of U.P. And Another on 4 May, 2022
Bench: Vivek Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 65
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3192 of 2022
Applicant :- Sushil Dutt Pandey
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Arvind Prabodh Dubey
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 applicant - Sushil Dutt Pandey, with a prayer to release him on bail in Case Crime No. 36 of 2021, under Sections 419, 420, 467, 468, 471 IPC, Police Station- Bansgaon, District- Gorakhpur, 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. He did not commit any offence as alleged. It is further submitted that the applicant never applied for the post of Assistant Teacher, however, it appears that to save the skin of real culprits the applicant's name has been inducted whereas no action has been against Sunil Kumar. It is next contended that the applicant has been implicated in the present due to ulterior motive. He has no criminal antecedent. Learned counsel for the applicant has placed reliance on a judgement of the Supreme Court in the case of Sushila Aggarwal and others v. State (NCT of Delhi) and another, (2020) 5 SCC 1.
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 involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond 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 and others v. State (NCT of Delhi) and another, (2020) 5 SCC 1.
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 :- 4.5.2022
DS
