Allahabad High Court
Ram Prakash Alias Kallu vs State Of U.P. Thru. Secy. Home ... on 8 August, 2023
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:53068
Court No. - 16
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 164 of 2023
Applicant :- Ram Prakash Alias Kallu
Opposite Party :- State Of U.P. Thru. Secy. Home Dept.Lko. And Another
Counsel for Applicant :- Seraj Ahmad
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
On 24.01.2023, after hearing the learned counsel for the applicant and the learned A.G.A. this Court had passed the following interim order -
"The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No. 206/2021, under Sections 306/420 I.P.C., P.S. Gosainganj, District Lucknow.
Heard learned counsel for the applicant and learned A.G.A. for the State.
As per the prosecution case in the F.I.R., the brother of the informant was taken by one Mohit Kumar (property dealer) who is conspirator of selling his land by administering him liquor. As a consequence, he became drunk and on the pretext of preparing ration card he was taken to Mohanlal Ganj and without giving consideration amount two separate sale deeds one in the name of present applicant and another in the name of Shabitri Devi were executed. It is further alleged that when the deceased went at the house of the accused persons for demanding the consideration amount, he was thrown at the railway line, due to which she died.
Learned counsel for the applicant submits that he is a bonafide purchaser and allegation in the F.I.R. that consideration amount has not been paid by him are prima facie false. He has drawn attention of the Court towards the sale deed which is on record wherein the consideration amount of Rs. 2,00,000/- has been shown and has further drawn attention of the Court towards the statement of the bank account of the applicant wherein on two dates i.e. on 24.02.2021 and 25.02.2021, a sum of Rs. 1,00,000/- each have been withdrawn and deposited in the account of the Keshav, the deceased.
It is further submitted that charge sheet has been filed and the applicant shall cooperate in the trial.
Issue notice to respondent No. 2.
Learned Addl. Government Advocate prays for and is allowed ten days' time to file counter affidavit.
List on 15.02.2023.
On due consideration to the argument advanced as well as perusal of the sale deed as well as bank statement of the applicant, so also considering the fact the applicant is not a previous convict; he is 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."
While granting interim anticipatory bail to the applicant, notice was ordered to be issued to respondent no. 2. Office has reported on 14.02.2023 that notice has been served on the respondent no. 2 in person, but nobody has put in appearance on his behalf to oppose the anticipatory-bail-application.
The State has filed a counter affidavit, annexing therewith copies of the material collected during investigation and a copy of the chargesheet dated 11.07.2021. No violation of any of the conditions of interim-anticipatory-bail has been reported by the State.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that chargesheet has already been submitted way back on 11.07.2021 and there appears no necessity for custodial interrogation of the applicant, I am of the view that the applicant is entitled to be granted anticipatory bail.
In view of the aforesaid circumstances, the interim order dated 24.01.2023 is hereby made absolute and the application is allowed in terms of the aforesaid order. The applicant shall appear before the Trial Court and submit bail-bonds within a period of 2 weeks from today.
(Subhash Vidyarthi J.)
Order Date :- 8.8.2023/A.Nigam
