Allahabad High Court
Nagendra Singh @ Nagendra Kumar ... vs State Of U.P. Thru. Prin. Secy. ... on 26 April, 2023
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 932 of 2023
Applicant :- Nagendra Singh @ Nagendra Kumar Singh
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko.
Counsel for Applicant :- Dhirendra Pratap Singh
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No. 58 of 2021, under Section 193/420 I.P.C., P.S. Bachraawaan, District Raibareli.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Learned counsel for the applicant submits that the applicant had filed a claim petition under the Motor Vehicle Act before the Motor Accident Claim Tribunal against the vehicle No. UP 77 A 9965 and in connivance with Santosh Kumar (driver of the vehicle) and owner of the vehicle. It is alleged that investigation by the SIT is going on in such cases where the fake claim petitions have been preferred by showing false vehicle numbers.
Learned counsel for the petitioner submits that the applicant lost his wife in a road accident and for that reason, he filed a claim petition which was dismissed. He is not the beneficiary of any undue action. The applicant signed on the papers of the claim petition as told by his counsel. He is a poor villager and was not aware that any fraud is being played by his counsel. The alleged driver in the claim petition is also resident of the village of the advocate who has filed the claim petition.
It is further submitted that perusal of the written statement filed in the claim petition as well as statement under Section 161 Cr.P.C. in this case depict that driver and the owner of the vehicle as well as learned counsel who filed the claim petition are the actual beneficiaries. The applicant is nowhere connected in this case. He is not a privious convict and he undertakes to cooperate in the trial. Charge sheet has been filed in this case.
Learned Addl. Government Advocate prays for and is allowed ten days' time to file counter affidavit/objection.
List on 18.05.2023.
On due consideration to the argument advanced as well as perusal of the record and the fact that prima facie there appears to be no credible evidence against the applicant; the applicant is not a previous convict and having no criminal history and also considering the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C.
Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned with the following conditions:-
(1) The applicant shall cooperate in the trial and he will not influence the witnesses.
(2) The accused-applicant will remain present on each and every date fixed by the trial court.
(3) The applicant shall not leave India without previous permission of the Court.
Order Date :- 26.4.2023
R.C.
