Allahabad High Court
Rakesh Chaurasia @ Rakesh Kumar vs State Of U.P. Thru. Prin. Secy. ... on 8 August, 2023
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:53484
Court No. - 16
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1050 of 2023
Applicant :- Rakesh Chaurasia @ Rakesh Kumar
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. And Another
Counsel for Applicant :- Utkarsh Misra,Abhishek
Counsel for Opposite Party :- G.A.,Ajay Kumar Pandey,Santosh Kumar Dubey
Hon'ble Subhash Vidyarthi,J.
1. On 05.05.2023, after hearing the learned counsel for the applicant and the learned A.G.A. this Court had passed the following interim order -
?Heard learned counsel for the petitioner, learned A.G.A. for the State as well as Shri Ajay Kumar Pandey, learned Advocate appearing for the complainant who has filed vakalatnama which is taken on record.
The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No.
It is alleged in the prosecution case that the sister of the informant was posted as Assistant Manager in SBI at main Branch, Gonda. On 22.06.2022 at about 8:55 AM when he reached to the house of his sister to take Aadhar Card, he found her dead in her room and also found a suicide note. It is also alleged in the suicide note that Bank Manager, Bank Management and higher officials of the bank are responsible for the death of his sister.
Learned counsel for the applicant submits that the applicant was a customer of the bank. It is alleged that wife of the applicant namely Saraswati Devi had an FD and the deceased has encashed the FD of the alleged wife of the applicant, into the account of her sister Priyanka Tiwari. This fact has been found in the investigation which is evident from the report submitted by the bank to the investigating officer which is on record as Annexure No. 8.
Learned counsel for the applicant submits that even if the entire prosecution case is taken as it is, the ingredients of Section 107 I.P.C. read with Section 306 I.P.C. are entirely missing. The applicant has no criminal history. Charge sheet has been filed in the case.
Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial.
Issue notice to respondent No. 2.
Learned A.G.A. as well as learned counsel for the complainant has contended that the deceased transferred the alleged amount into the account of her sister Priyanka Tiwari. So far as the other contention of the applicant, learned A.G.A. as well as learned counsel for the complainant prays for and is granted two weeks time to file objection.
List on 29.05.2023.
On due consideration to the argument advanced as well as perusal of the record and the fact that charge sheet has been filed; the applicant has no criminal history; he has cooperated in the investigation and undertakes to cooperate in the trial 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.?
2. While granting interim anticipatory bail to the applicant, notice was ordered to be issued to the opposite party no. 2. Although the opposite party no. 2 has put in appearance, no counter affidavit has been filed on his bahalf.
3. Although the State has filed a counter 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 informed that anticipatory bail application to co-accused Yamika Chaurasia @ Yamika Chaurasiya has been allowed by means of an order dated 18.05.2023 passed by this Court in Criminal Misc. Anticipatory Bail Application U/S 438 C.rP.C. No. 1176 of 2022.
5. Learned counsel for the applicant informs that the applicant has already furnished bail bonds in furtherance of the interim order dated 05.05.2023 .
6. In view of the aforesaid circumstances, the interim order dated 05.05.2023 is hereby made absolute and the application is allowed in terms of the aforesaid order.
Order Date :- 8.8.2023
Pradeep/-
