Allahabad High Court
Akhtar Husain Alias Akhatar ... vs State Of U.P. Thru. Prin. Secy. ... on 3 August, 2023
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:51605
Court No. - 16
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 486 of 2023
Applicant :- Akhtar Husain Alias Akhatar Husain
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
Counsel for Applicant :- Kaustubh Singh
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1. On 24.02.2023, after hearing the learned counsel for the applicant and the learned A.G.A. this Court had passed the following interim order -
"The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No.515 of 2015 under sections added sections 384, 120B I.P.C. and 12 of the Prevention of Corruption Act, P.S. GRP, district Kanpur.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Issue notice to respondent No.2.
It is submitted on behalf of the applicant that the main accused Sunita Devi who was Chief Ticket Examiner has been granted interim protection by this court vide order dated 3.1.2023 passed in anticipatory bail No.2169 of 2022 Sunita Devi versus State of U.P. and another. The applicant is a waiter in the Pantry Car. Since the co-accused Sunita Devi has caught the passenger who was travelling without ticket, he has been falsely implicated along with her.
It is next submitted that the applicant has cooperated in the investigation. Charge sheet has been filed. He undertakes on behalf of the applicant that the applicant shall cooperate in the trial.
Learned A.G.A. has opposed the prayer made by the applicant's counsel. Fifteen days' time is allowed to file objections/counter affidavit.
List on 4.4.2023.
Without expressing any opinion on the merit of the case and considering the nature of accusation, the co-accused Sunita Devi has been enlarged on anticipatory bail, the undertaking given on behalf of the applicant that he shall cooperate in the trial and gravity of offence, I am of the opinion that in the event of arrest/surrender before the concerned court, the applicant is entitled to be enlarged on anticipatory bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to his cooperation in the trial.
In view of the above as also keeping in view of the judgment in Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC OnLine 98, the accused applicant is directed to surrender before trial court if he is summoned to face trial for offence in question after filing of the charge sheet. In the event of arrest/surrender before the concerned court, the accused applicant shall be enlarged on anticipatory bail by the trial court on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial Court, with the following conditions.
(i) 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 tamper with the evidence;
(ii) The applicant shall not leave India without the previous permission of the court;
(iii)The applicant shall not pressurize/ intimidate the prosecution witness;
(iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;
Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.
It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses."
2. The office has reported on 27.03.2023 that notice issued to the opposite party no. 2 has been served upon him in person but he hasnot put in appearance before this Court.
3. State has filed a counter affidavit to which the applicant has filed a rejoinder affidavit. Nothing has come to light which may persuade this Court to take a view, different from the view taken while passing the aforesaid order, nor the learned A.G.A. has pointed out violation of any of the conditions of interim anticipatory bail committed by the applicant.
4. Learned counsel for the applicant has submitted that Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 2169 of 2022 filed by the co-accused Sunita Devi has been allowed by means of an order dated 01.08.2023.
5. In view of the aforesaid circumstances, the interim order dated 24.02.2023 is hereby made absolute and the application is allowed in terms of the aforesaid order.
Order Date :- 3.8.2023
Pradeep/-
