Allahabad High Court
Anil Ram And Another vs State Of U.P. And Another on 25 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. - 4388 of 2022
Applicant :- Anil Ram And Another
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Imran Ullah,Ambrish Shukla,Mohammad Khalid
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel on behalf of applicants and learned AGA for the State.
The instant anticipatory bail application has been filed on behalf of the applicants, (i) Anil Ram (ii) Sadhana Ram, with a prayer to release him on anticipatory bail in Case Crime No.0280 of 2022, under Sections 420, 467, 468, 471 I.P.C., Police Station- Dadri, District- Gautam Budh Nagar, during pendency of trial.
It is contended on behalf of the applicants that they are innocent and have been falsely implicated in the present case. They did not commit any offence as alleged. It is next contended that the applicants are husband and wife. Further the applicant nos.1 and 2 are old aged about 70 years and are suffering from old age ailments. It is further submitted that no allegation has been levelled against the applicants as the same has been levelled against the co-accused Yashpal Tomar. It is next contended that while the company was in process of executing the sale deed, the allotment of subject land to land owners was challenged by the State of Uttar Pradesh in the Court of Additional District Magistrate, which was dismissed on 26.9.2015 in favour of land owners, so far as it relates to the subject land purchased by the company. Thereafter, the order dated 26.9.2015 passed by Additional District Magistrate was challenged by way of filing appeal before the Commissioner Court the said appeal was also dismissed 21.10.2020 upholding the order dated 26.9.2015, the said facts have been mentioned in paragraph nos.40 and 41 of the affidavit accompanying this anticipatory bail application. It is thus, submitted that no offence under the charges Sections is made out against the applicants and the applicants have been falsely implicated in the present case due to ulterior motive. The applicants have 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 applicants are entitled to be released on anticipatory bail in this case.
Let the applicants involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond of Rs.one lakh with the following conditions:-
1. The applicants shall not leave India during the pendency of trial without prior permission from the concerned trial Court.
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;
3. The applicants shall file an undertaking to the effect that they 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.
4. In case, the applicants 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.
5. The applicants 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 :- 25.5.2022
Dev/-
