Sattar Alias Sattar Khan vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 4241 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 247 of 2023
 

 
Applicant :- Sattar Alias Sattar Khan
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Sectt. Lko.
 
Counsel for Applicant :- Hari Om Singh,Anoop Kumar Mishra,Kunwar Prithvi Tomar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

The present bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in case crime No.497 of 2021 under sections 41, 411, 419, 420, 467, 468, 471 I.P.C. and sections 60, 62, 63, 72 Excise Act, P.S. Raunahi, district Faizabad (Now Ayodhya).

Heard learned counsel for the applicant and learned Additional Government Advocate for the State.

Learned counsel for the applicant submits that as per prosecution case, one container is said to have been recovered on an information by the informer. The engine number of the container was not found matching with the registration papers. On further enquiry from the co-accused Sandeep Pandey, name of the applicant has been taken along with other co-accused that the container is said to have been stolen from Haryana.

It is next submitted that the applicant is innocent and he has been falsely implicated. His name has surfaced in the confessional statement of co-accused. Nothing has been recovered from him. He has explained the criminal history in the supplementary affidavit. Investigation against the applicant is pending.

Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation.

Learned Addl. Government Advocate has opposed the bail prayer.

Considering the above aspects of the matter, the fact that the applicant has not been arrested from spot and nothing has been recovered from him, perusal of the record, as also the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant under Section 438 Cr.P.C.

Till filing of the police report, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned.

The applicant shall appear before the investigating officer within 20 days from today and shall cooperate in the investigation and will further remain present as and when the arresting officer /I.O./ S.H.O. concerned call (s) for investigation/interrogation. He will not influence the witnesses. The applicant shall not leave India without previous permission of the Court.

In case of default, it would be open for the investigating agency to move application for cancellation of this order.

The application is allowed.

Order Date :- 9.2.2023

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