Allahabad High Court
Ram Sewak Rao vs State Of U.P. And Another on 6 December, 2023
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:230919
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13070 of 2023
Applicant :- Ram Sewak Rao
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Anurag Rai,Saurabh Shahi
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Anurag Rai, learned counsel for the applicant and Ms. Ifrah Islam, 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.224 of 2023, registered under Sections 419, 420 IPC and 6/10 U.P. Public Examination Act, 1998 at Police Station- Kotwali, District Gorakhpur with a prayer to enlarge him on anticipatory bail.
4. As per prosecution story, the applicant appearing for the combined entrance examination for Gram Punchayat Adhikari and etc. on 26.06.2023, was found carrying fake documents at the time of frisking, but he appeared in the examination and went away by the time the matter could be reported to the authorities.
5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. All the allegations are false. There is no document whatsoever to suggest that the applicant was appearing in the entrance exam on the basis of fake documents. 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 on the ground that during the pendency of the examination itself, the examination in-charge has reported the matter to the authorities but the matter got delayed, as such he took advantage of it and ran away.
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- Ram Sewak Rao 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 :- 06.12.2023
Ravi Kant
(Krishan Pahal, J.)
