Allahabad High Court
Baleshwar Saw vs State Of U.P. on 11 August, 2023
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:163228
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9134 of 2023
Applicant :- Baleshwar Saw
Opposite Party :- State of U.P.
Counsel for Applicant :- Dhirendra Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
1. Heard Mr. Dhirendra Kumar Srivastava, learned counsel for the applicant and learned Additional Government Advocate for the State.
2. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.103 of 2022, under Sections 407, 419, 420, 467, 468, 471, 120-B IPC, Police Station Mughalsarai, District Chandauli.
3. Learned counsel for the applicant submits that applicant has been falsely implicated in the present case just to harass the applicant. The applicant is registered owner of the vehicle no.JH10 AG5032. The name of the applicant has been shown in the present case after about two months of the alleged incident only on the basis of forged e-way bill in the name of Jharkhand Bihar Tradters to Adarsh Brick field at Itwa Siddharth Nagar. He further submits that similarly placed co-accused Manni Lal Singh, Manoranjan Kumar Mandal and Ankeshwar Mandal were released on bail by the court below vide order dated 01.04.2022 and 20.04.2022 whereas the other co-accused Prakash Kumar Sahu, Ganga Prasad Gupta and Rajesh Gupta have been granted anticipatory bail by the court below vide order dated 25.05.2022 and other co-accused Santosh Kumar Mahato, Sudhir Pandey have been granted bail by the court below vide order dated 15.04.2023 and 19.04.2023, copy of bail orders have been annexed as Annexure No.14 to the affidavit filed in support of the application. He further submits that co-accused in this case, namely, Rahul Kumar Singh, Suryakant Kumar Singh and Gangadhar Kumar Mandal have already been granted anticipatory by another co-ordinate Bench of this Court as well as this Court vide orders dated 28.06.2023, 26.06.2023 and 05.07.2023 passed in Criminal Misc. Anticipatory Bail Application Nos.6535, 6768 and 6984 of 2023, copy of the same has been annexed as Annexure No.15 to the affidavit filed in support of the application. He further submits that all the offences are triable by Magistrate. The applicant is having no previous criminal history as has been mentioned in paragraph 8 of the affidavit.
4. Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant but could not dispute the aforesaid fact.
5. Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, he is directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
6. In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant-Baleshwar Saw, involved in the aforesaid crime be released on anticipatory bail till conclusion of trial on furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
(i) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation.
(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 from disclosing such facts to the Court or to any police officer.
(iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
(iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.
(v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
(vi) In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
(vii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against his in accordance with law.
7. In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
8. With the aforesaid observations/ directions, the application stands disposed of.
Order Date :- 11.8.2023
Ajeet
