Allahabad High Court
Kamalchandra Sahu And 2 Others vs State Of U.P. on 22 November, 2022
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11553 of 2022
Applicant :- Kamalchandra Sahu And 2 Others
Opposite Party :- State of U.P.
Counsel for Applicant :- Ramesh Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Ramesh Kumar, learned counsel for the applicants and Sri Vibhav Anand 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 applicants in F.I.R./Case Crime No.09 of 2020, registered under Sections 406, 419, 420, 504 and 506 IPC at Police Station- Jakhlaun, District Lalitpur with a prayer to enlarge them on anticipatory bail.
As per prosecution story, the applicants in collusion with two other co-accused persons are said to have usurped an amount of more than Rs.5 lacs which was awarded to the informant on the death of her husband in a road accident.
Learned counsel for the applicants has stated that applicant no.1 is the father-in-law and applicant no.2 is the brother-in-law of the informant and have nothing to do with the said offence. The amount of compensation and the widow pension was transferred to the account of the informant herself and it was she who had withdrawn the said amount and nobody else was authorized to do so. To buttress his arguments, learned counsel has placed much reliance on the statement of the bank manager Harsimar Singh, who has categorically stated that the said amount on different dates has been debited by the informant herself and the said amount could not be taken by anybody else. There are no criminal antecedents of the applicant. Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegations made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon at length. Learned counsel for the applicants undertakes that they have co-operated in the investigation and are ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicants.
On due consideration to the arguments advanced by learned counsel for the applicants as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicants, the applicants are liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1". The future contingencies regarding the anticipatory bail being granted to applicants 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 applicants is allowed. Let the accused-applicants- Kamalchandra Sahu and Abhishek Sahu 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 Station House Officer of the Police Station concerned/court concerned with the following conditions:-
1. that the applicants shall make themselves available for interrogation by a police officer as and when required;
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 or tamper with the evidence;
3. that the applicants shall not leave India without the previous permission of the court;
4. that in case charge-sheet is submitted the applicants shall not tamper with the evidence during the trial;
5. that the applicants shall not pressurize/ intimidate the prosecution witness;
6. that the applicants 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 :- 22.11.2022/Ravi Kant
