Allahabad High Court
Subhash vs State Of U.P. And 3 Others on 4 December, 2023
Author: Shekhar Kumar Yadav
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:229226
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13008 of 2023
Applicant :- Subhash
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Pramod Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
1. Heard Mr. Pramod Kumar, 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 Complaint Case No.78 of 2018, under Sections 323, 354, 452, 504, 506 IPC and Section 7/8 POCSO Act, Police Station Modinagar, District Ghaziabad.
3. Learned counsel for the applicant submits that applicant has been falsely implicated in the present case just to harass the applicant. It is a complaint case. The informant has filed an application under Section 156 (3) Cr.P.C., which was treated as complaint case and after recording the statement of the complainant and witnesses recorded under Section 200 and 202 Cr.P.C., the applicant has been summoned. Being aggrieved, the applicant has filed Application 482 No.17527 of 2021 in which the proceedings has been stayed vide order dated 14.12.2021. He further submits that in the meantime the court below vacated the stay order and issued warrant against the applicant on the basis of judgment of Asian Resurfacing of Road Agency Pvt. Ltd. and another vs. CBI. He further submits that it is a counterblast case to the FIR lodged by co-accused Surendra against the informant. Due to this reason, the complainant has filed the impugned complaint against the applicant just to pressurize the applicant. The applicant is having no previous criminal history as has been mentioned in paragraph 28 of the affidavit.
4. Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for anticipatory bail of the applicant.
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-Subhash, involved in the aforesaid complaint case 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 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.
(ii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
(iii) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.
(iv) 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.
(v) 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.
(vi) 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 is disposed of.
Order Date :- 4.12.2023
Ajeet
