Allahabad High Court
Munesh Chand Sharma vs State Of U.P. on 8 February, 2023
Bench: Shiv Shanker Prasad
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 85
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12924 of 2022
Applicant :- Munesh Chand Sharma
Opposite Party :- State of U.P.
Counsel for Applicant :- Pandey Balkrishna,Sunil Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present application has been moved seeking anticipatory bail in Case Crime No. 635 of 2010, under Sections 420, 467, 468 and 471 IPC, Police Station- Kotwali Nagar, District- Bulandshahr, with the prayer that in the event of arrest, applicant may be released on bail.
Learned counsel for the applicant submits that earlier after investigation police has submitted final report in the year 2010 in favour of the applicant, however, the matter was further investigated and a charge-sheet has been submitted against the applicant on 28.12.2021. It is further submitted that applicant's certificates were genuine and he has filed a copy thereof, which is annexure no.7 to the affidavit. It is further submitted that earlier application was given anticipatory bail till submission of charge-sheet by the coordinate Bench of this Court. It is also submitted that co-accused namely Manoj Kumar Gaud, Chandrakanti Arya and Rakesh Kumari have already been granted protection by co-ordinate Benches of this Court vide orders dated 28.1.2023, 28.01.2023 and 19.12.2022 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 12774 of 2022, 12777 of 2022 and 11187 of 2022, respectively. It is next submitted that the applicant has no previous criminal history and he undertakes that he will cooperate in the investigation failing which the State can move appropriate application for cancellation of anticipatory bail.
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.
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.
In view of above, the anticipatory bail application of the applicant is allowed.
Let the applicant- Munesh Chand Sharma involved in the aforesaid case crime be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/intimidate the prosecution witness.
3. The applicant shall appear before the trial Court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
6. The applicant shall not leave India without the previous permission of the Court;
7. 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;
8. 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 him/her/them in accordance with law.
It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial. In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 8.2.2023
Abhishek Singh
