Allahabad High Court
Tarun Kumar And Another vs State Of U.P. on 13 February, 2023
Bench: Nalin Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 77
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1582 of 2023
Applicant :- Tarun Kumar And Another
Opposite Party :- State of U.P.
Counsel for Applicant :- Vishal Tandon
Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application has been moved on behalf of the applicants Tarun Kumar and Masood Arif seeking anticipatory bail in Case No.8093 / 9 of 2022 pending in the Court of Additional Chief Judicial Magistrate-I, Muzaffarnagar arising out of Case Crime No. 634 of 2018 under Sections 420, 465, 468, 471 IPC and 3/7 Essential Commodities Act and Section 66-D Information Technology (Amendment) Act, 2000 and Section 34 of Aadhar (Targeted Delivery of fionancial and other Subsidies, Benefits and Services) Act, 2016, Police Station Civil Lines, District Muzaffarnagar.
It has been argued by the learned counsel for the applicants that applicants are innocent and they have apprehension of their arrest by the police at any time in the above-mentioned case, whereas there is no credible evidence against him. Allegations levelled against the applicants are false. It has further been argued that co-accused persons namely, Amit Kumar and Kanwarpal have been granted anticipatory bail by this Court vide order dated 12.12.2022 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 12561 of 2022. It has been submitted that in case applicants are granted anticipatory bail, they shall not misuse the liberty of bail and will co-operate in the investigation and would obey all conditions of bail.
Learned A.G.A. has opposed the prayer for anticipatory bail.
Co-accused Amit Kumar and Kanwarpal, having identical role in the alleged crime, have been granted anticipatory bail by the coordinate Bench of this Court vide order dated 12.12.2022 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 12561 of 2022. No criminal history of the applicant has been brought to the knowledge of this Court. It has been submitted that in the light of granting of anticipatory bail to aforesaid co-accused, applicants are also entitled for anticipatory bail on the ground of parity.
On due consideration to the arguments advanced by learned counsel for the applicants as well as learned A.G.A. and considering the fact that the co-accused persons have already been enlarged on anticipatory bail till conclusion of trial, the applicants are 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.
In view of the above, the anticipatory bail application of the applicants is allowed.
In the event of arrest of the applicants Tarun Kumar and Masood Arif in the aforesaid case crime, they shall be released on anticipatory bail till the conclusion of trial on their furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
1. The applicants shall make himself available for interrogation by a police officer as and when required.
2. The applicants 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.
3. The applicants shall not pressurize/ intimidate the prosecution witness.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants shall not leave India without prior permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.
In case of breach of any of the above conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of anticipatory bail of the applicant 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.
Order Date :- 13.2.2023
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