Allahabad High Court
Sanjay Singh @ Raju Singh vs State Of U.P. Through The ... on 28 November, 2022
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 11
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1271 of 2022
Applicant :- Sanjay Singh @ Raju Singh
Opposite Party :- State Of U.P. Through The Principal Secretary Home, Civil Secretary, U.P. Lucknow And Another
Counsel for Applicant :- Farooq Ayoob
Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P. and perused the record.
This Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. has been moved by the applicant after rejecting his anticipatory bail application by the order dated 21.07.2022 passed by learned Special Judge, M.P./M.L.A. Act and Additional Session Judge, Court No. 4, Barabanki, seeking Anticipatory Bail in Case Crime No. 148 of 2022, under Sections 392, 384, 504, 506, 109 IPC, Police Station Ramsanehighat, District Barabanki.
On 04.08.2022, Coordinate Bench of this Court, while granting interim anticipatory bail to the applicant, has passed following order :-
"Heard Sri Farooq Ayoob, learned counsel for the applicant, Sri Vinay Kumar Sahi, learned AGA for the State and perused the material available on record.
The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.148 of 2022, under Sections 392, 384, 504, 506 and 109 IPC, Police Station Ramsanehighat, District Barabanki, with a prayer to enlarge him on anticipatory bail.
As per prosecution story, the co-accused persons are stated to have threatened the government officials to give contracts to the persons of their choice or else provide them commission of 2% in it.
Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. There is nothing on record to suggest that the applicant was either involved in the said threatening or in any transaction whatsoever. Learned counsel has further stated that the name of the applicant has come up in the statement of the co-accused Sonu Singh. Learned counsel for the applicant has stated that the applicant has co-operated in the investigation and undertakes that he will cooperate in the investigation in future also, failing which the State can move appropriate application for vacation of the interim protection.
Learned A.G.A. has opposed the prayer for grant of anticipatory bail on the ground that there is one another case pending against the applicant of similar nature although he could not dispute the fact that the applicant is not a previous convict.
Matter requires consideration.
Learned AGA is granted two weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.
List this case on 20.09.2022 in the additional cause list.
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, as an interim measure, is liable to be enlarged on anticipatory bail in view of the Constitution Bench judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98". 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 the event of arrest, the accused-applicant- Sanjay Singh @ Raju Singh shall be released forthwith in the aforesaid case crime (supra) on interim anticipatory bail on furnishing a personal bond of Rs.50,000/- and two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned on the following conditions:-
(i) the applicant shall make himself available for interrogation as and when required;
(ii) 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; and
(iii) the applicant shall not leave India without the previous permission of the Court.
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."
It is submitted by learned counsel for the applicant that till date, no charge-sheet has been submitted in this case. The applicant is cooperating with the investigation and did not misuse the liberty of aforesaid interim anticipatory bail which was granted on 04.08.2022 by the Coordinate Bench of this Court.
Learned AGA for the State does not dispute the aforesaid factual aspect of the matter as argued on behalf of the applicant.
In view of the above, aforesaid interim anticipatory bail order dated 04.08.2022 is made absolute till submission of police report under Section 173(2) Cr.P.C. on the terms and conditions as indicated in the above order dated 04.08.2022.
With the aforesaid observations and directions, the instant anticipatory bail application is allowed.
Order Date :- 28.11.2022
Shubham
