Allahabad High Court
Pankaj Patel @ Santosh Kumar Singh vs State Of U.P. And Another on 25 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. - 4564 of 2023
Applicant :- Pankaj Patel @ Santosh Kumar Singh
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Abhishek Kumar Chaubey
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Abhishek Kumar Chaubey, learned counsel for the applicant and Sri Yogesh Mishra, 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.75 of 2022, registered under Sections 419, 420, 467, 468, 471, 409, 120-B I.P.C. at Police Station Myorpur, District Sonebhadra with a prayer to enlarge him on anticipatory bail.
4. As per prosecution story, 16 trucks are stated to have been released from the police station on the basis of fake documents of the said owners.
5. Learned counsel for the applicant has stated that he has been falsely implicated in this case. His name does not find mention in the FIR. Only the unknown owners and drivers of the said 16 vehicles are stated to have committed the said offence. The name of the applicant has come up in the statement of co-accused person Anil Pal, who happens to be driver of one of the vehicle. Learned counsel has stated that the said statement is not admissible under the Indian Evidence Act. There is no criminal antecedent of 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. 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. Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application on the ground that the applicant is a broker who had facilitated in furnishing the fake documents for the release of said vehicles, but could not dispute that the applicant has no criminal antecedent to his credit.
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- Pankaj Patel @ Santosh Kumar 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.
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 :- 25.4.2023
Vikas
