Allahabad High Court
Arjun Singh vs State Of U.P. And Another on 19 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. - 3895 of 2023
Applicant :- Arjun Singh
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Meraj Ahmad Khan,Ajay Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Meraj Ahmad Khan, learned counsel for the applicant and Sri R.P. Patel, 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 Case Crime No.178 of 2022, registered under Sections 420, 467, 468, 471, 406 I.P.C. at Police Station Balua, District Chandauli with a prayer to enlarge him on anticipatory bail.
4. As per prosecution story, the co-accused person Paras Yadav is stated to be an ex-army personnel. He along with the applicant and other co-accused person is stated to have duped the informant to a tune of Rs.9,22,000/- on the pretext of getting the two sons of the informant a government job. The said demand is stated to have been increased by him later on. The applicant is stated to have again taken more money from him in all duped the informant to the tune of Rs.15,07,000/-.
5. Learned counsel for the applicant has stated that he has been falsely implicated in this case. He has nothing to do with the said offence. Learned counsel has stated that no amount has been transferred to the account of the applicant. The case of the applicant is at different footing to co-accused persons. 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. The applicant has apprehension of his arrest. 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. The two cases have been foisted on him by the same informant.
7. Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but could not dispute that no amount has been transferred to the account of the applicant.
8. 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.
9. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Arjun Singh 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.
10. 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 :- 19.4.2023
Vikas
