Allahabad High Court
Rahul Kumar vs State Of U.P. And Another on 25 August, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:171470
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9662 of 2023
Applicant :- Rahul Kumar
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Vineet Vikram,Imran Ullah
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Imran Ullah, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State as well as perused the record.
3. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.05 of 2022, registered under Sections 417, 420, 467, 468, 471, 411, 120-B IPC and 66-C and 66-D of I.T. Act at Police Station- Cyber Crime Police Station, District Varanasi with a prayer to enlarge him on anticipatory bail.
4. As per prosecution story, the first informant was duped of his hard earned money to the tune of Rs.18 lakhs as he had received a phone call on 25.03.2022 from a mobile number 9330248072.
5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. He has nothing to do with the said offence. Learned counsel has further stated that in the several chain of events, the names of several co-accused persons have been revealed and subsequently the main accused persons, namely, Chandan Sagar and Sandeep Kumar Chaubey, were arrested. In all, fourteen co-accused persons, including the applicant, have been nominated by the said co-accused persons. Learned counsel has further stated that nothing has been revealed in the investigation that any amount of money has been transferred to the account of the applicant from that of victim or from the co-accused persons. In all, four cases have been instituted against the applicant on the basis of the confession of the co-accused persons, which is not admissible in evidence. There is no previous criminal history of the applicant. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. 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.
6. 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.
7. 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". 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.
8. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Rahul Kumar be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i). that the applicant shall make himself available for interrogation by a police officer as and when required;
(ii). that 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 or tamper with the evidence;
(iii). that the applicant shall not leave India without the previous permission of the court;
(iv). that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;
(v). that the applicant shall not pressurize/ intimidate the prosecution witness;
(vi). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(vii). that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.
9. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.
Order Date :- 25.8.2023
Ravi Kant
(Krishan Pahal, J.)
