Allahabad High Court
Haribabu Verma vs State Of U.P. on 13 April, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 83
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4087 of 2023
Applicant :- Haribabu Verma
Opposite Party :- State of U.P.
Counsel for Applicant :- Dr. Akhilesh Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Dr. Akhilesh Kumar, learned counsel for the applicant and Sri Nitin Kesharwani, learned A.G.A. for the State as well as perused the record.
3. The present anticipatory bail application has been filed on behalf of the applicant in Crime No.82 of 2021, registered under Sections 406, 420 I.P.C. at Police Station- Kotwali, District Agra with a prayer to enlarge him on anticipatory bail.
4. As per prosecution story, the applicant is stated to have taken raw material of silver weighing about 13 kg. with a valuation of Rs.5 lakhs from the informant in the second week of April, 2021, i.e., between 5.4.2021 to 11.4.2021. The applicant is stated to have usurped the said silver and as such had run away. The said fact was narrated to the informant by the mother of the applicant.
5. Learned counsel for the applicant has stated that the said allegations are against the son of the applicant Hemant Verma and the said allegations are also per se wrong as is evident from the fact that there is a receipt of raw material about 686 kg. dated 16.4.2021, whereby the informant himself had given raw material to the son of the applicant. The said transaction between the informant and son of the applicant has taken place even after the said incident which falsified the prosecution story. Learned counsel has further stated that the FIR has been instituted after moving an application under Section 156(3) Cr.P.C. that too after a delay of about four months as the application was moved on 4.8.2021 and the FIR was instituted on 26.9.2021. The applicant being the father of accused Hemant Verma has been falsely implicated in this case. There is no criminal history of the applicant except a case under the Gambling Act in which he is on bail, which is a petty offence. 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 undertakes that he has co-operated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
6. Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but could not dispute the said fact that the transactions have taken place between the son of the applicant and the informant as such applicant is entitled for anticipatory bail.
7. 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 "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1". 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.
8. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Haribabu Verma be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i). that the applicant shall make himself available for interrogation by a police officer as and when required;
(ii). 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;
(iii). that the applicant shall not leave India without the previous permission of the court;
(iv). that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;
(v). that the applicant shall not pressurize/ intimidate the prosecution witness;
(vi). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(vii). that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
9. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.
[Krishan Pahal, J.]
Order Date :- 13.4.2023
Vikas
