Allahabad High Court
Khub Lal Saw vs State Of U.P. on 10 August, 2023
Bench: Nalin Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:162301
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9045 of 2023
Applicant :- Khub Lal Saw
Opposite Party :- State of U.P.
Counsel for Applicant :- Dhirendra Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
2. The present anticipatory bail application has been filed on behalf of the applicant - Khub Lal Saw in Case Crime No.103 of 2022, registered under Sections 407, 419, 420, 467, 468, 471 and 120B IPC at Police Station- Mughalsarai, District Chandauli with a prayer to enlarge him on anticipatory bail.
3. As per prosecution story, a truck bearing No.JH-10-BD-0568, filled with coal was recovered as it was mis-directed elsewhere to the place where it was directed to reach.
4. Learned counsel for the applicant has stated that the applicant is not named in the FIR and he has nothing to do with the said offence. Later on during the investigation it was revealed that during the said period 21 trucks had passed the State checkposts and applicant is stated to be the owner of the one of the trucks and the applicant has nothing to do with the said illegal funnelling of the said coal in these trucks mentioned in the FIR. Allegations in the FIR per se is false. The co-accused persons have already enlarged on bail by the Sessions Court, Chandauli itself. There are no criminal antecedents of the applicant. The applicant has apprehension of his arrest. Learned counsel for the applicant undertakes that he has co-operated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail. Lastly it is submitted that co-accused persons, namely, Suryakant Kumar Singh, Narayan Kisku & Dhananjay Mahato having similar role have been granted anticipatory bail by this Court vide orders dated 26.6.2023, 07.08.2023 & 28.07.2023 in Criminal Misc. Anticipatory Bail Application Nos. 6768 of 2023, 8797 of 2023 & 8451 of 2023.
5. Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicant.
6. On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1" till filing of police report under Section 173(2) CrPC. The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
7. The application is allowed accordingly.
8. In the event of arrest of the applicant, he shall be released on anticipatory bail on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of Station House Officer of the police station concerned with the following conditions:-
(i) The applicant shall make himself available for interrogation by a police officer as and when required.
(ii) 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/her from disclosing such facts to the Court or to any police office.
(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. Concerned.
9. In case of default of any of the conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of protection granted to the applicant.
Order Date :- 10.8.2023
Shivangi
