Allahabad High Court
Ameerchand Rana vs State Of U.P. Thru. Prin. Secy. ... on 31 May, 2022
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 819 of 2022
Applicant :- Ameerchand Rana
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
Counsel for Applicant :- Deo Raj Singh
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Deo Raj Singh, learned counsel for the applicant and Sri Surendra Singh, 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 applicant in F.I.R. No.280 of 2022, registered under Sections 409 and 420 IPC at Police Station- Bhira, District Lakhimpur Kheri with a prayer to enlarge him on anticipatory bail.
As per prosecution story, on the complaint of one Mishri Lal, the District Panchayat Raj Officer is stated to have conducted an inquiry and found lapse in the construction of one brick road, in which the applicant, who is the Gram Panchayat Development Officer, and the Gram Pradhan were found responsible and are stated to have misappropriated an amount of Rs.1,56,000/-.
Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. The applicant has nothing to do with the said offence. There are no criminal antecedents of the applicant. The charge-sheet has been filed against the applicant. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. Learned counsel for the applicant has further argued that the applicant has co-operated in the investigation and undertakes that he will cooperate in the trial failing which the State can move appropriate application for cancellation of anticipatory bail.
The prayer for anticipatory bail has been vehemently opposed by learned A.G.A. However, he could not dispute the said fact of no criminal antecedents of the applicant.
On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Shri Gurbaksh Singh Sibbia and Others vs. State of Punjab, (1980) 2 SCC 656". The future contingencies regarding the anticipatory bail being granted to applicant 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 applicant is allowed. Let the accused-applicant- Ameerchand Rana be released forthwith in the aforesaid case crime (supra) on anticipatory bail on furnishing a personal bond of Rs.50,000/- and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. that the applicant shall make himself available for interrogation by a police officer as and when required;
2. 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence;
3. that the applicant shall not leave India without the previous permission of the court;
4. that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant;
5. that the applicant shall not pressurize/ intimidate the prosecution witness;
6. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
7. 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 or deciding the regular bail application.
Order Date :- 31.5.2022
Ravi Kant
