Allahabad High Court
Mukesh Kumar vs State Of U.P. ... on 28 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. - 834 of 2023
Applicant :- Mukesh Kumar
Opposite Party :- State Of U.P. Thru.Prin.Secy.Deptt. Of Home And Another
Counsel for Applicant :- Vijayendra Prakash Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
1. The present anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant seeking anticipatory bail in case crime No.0281 of 2021, under sections 406, 420 I.P.C., Police Station Aliganj, District Lucknow.
2. Vakalatnama filed by Shri Ravindra Kumar Mishra, Advocate on behalf of the complainant is taken on record.
3. Heard learned counsel for the applicant, learned Counsel for the complainant and learned Additional Government Advocate for the State as well as perused the record.
4. Learned Counsel for the applicant and learned Counsel for the complainant have jointly submitted that compromise between the parties has taken place which is on record as Annexure-3 to the Affidavit filed in support of the anticipatory bail application. The offence/sections are compoundable. He further submits that the applicant has no criminal antecedent. Investigation is going on. Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation.
5. Learned Addl. Government Advocate though has opposed the prayer of anticipatory bail.
6. Considering the above aspects of the matter; perusal of the record; the fact that the applicant has no criminal history; the matter is triable by Magistrate; parties have entered into the compromise; undertaking that the applicant shall cooperate in the investigation; as also 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 protection to the applicant under Section 438 Cr.P.C.
7. In view of the above, the anticipatory bail application is allowed. It is provided that in the event of arrest, the applicant Mukesh Kumar shall be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned with the following conditions:-
(i) The applicant shall cooperate in the investigation and he will not influence the witnesses.
(ii) The accused-applicant will remain present as and when the arresting officer /I.O./ S.H.O. concerned call (s) for investigation/interrogation.
(iii) The applicant shall not leave India without previous permission of the Court.
In case of default, it would be open for the investigating agency to move application for vacation of this order.
Order Date :- 28.4.2023
Madhu
