Allahabad High Court
Deep Kumar Maurya vs State Of U.P. Thru. Prin.Secy. ... on 23 February, 2023
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1970 of 2022
Applicant :- Deep Kumar Maurya
Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Deptt. And Another
Counsel for Applicant :- Shailendra Kumar Tiwari
Counsel for Opposite Party :- G.A.,Arjun Kumar Kaushal
Hon'ble Karunesh Singh Pawar,J.
The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime/F.I.R No. 0129/2022, under Sections 409/420/504/506 I.P.C., Police Station Gomti Nagar, District Lucknow.
Heard learned Counsel for the applicant and learned A.G.A. for the State/respondent as well as perused the record.
This Court while granting interim protection to the applicant vide order dated 25.1.2023 has passed the following order:-
"Heard learned counsel the applicant and learned A.G.A. for the State.
The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime/F.I.R No. 129/2022, under Sections 409/420/504/506 I.P.C., P.S. Gomti Nagar, District Lucknow.
Learned counsel for the applicant submits that the applicant is agent of the company and has nothing to do with the other business of the company. He is neither director nor the chairman of the company. He is innocent and has been falsely implicated. The applicant is not a previous convict. The applicant has no criminal history. The co-accused Ashok Kumar Tripathi has been enlarged on bail by the Coordinate Bench of this Court vide order dated 08.07.2022 passed in criminal misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 984/2022 "Ashok Kumar Tripathi Vs. State of U.P.". Investigation in the present case is still going on and he undertakes to cooperate in the investigation.
Learned counsel for the applicant submits that the applicant is not a previous convict; he has no criminal antecedents.
Issue notice to respondent No. 2.
Learned Addl. Government Advocate prays for and is allowed 15 days' time to file counter affidavit.
List on 23.02.2023.
Considering the above aspect of the matter, perusal of the record as well as the fact that the applicant has no criminal history and he is undertaking to cooperate in the investigation as also the judgment of Apex Court passed in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C.
Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on 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 cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. 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 vacation of this interim protection. " .
Learned counsel for the applicant submits that investigation is pending in respect to the applicant. The applicant has no criminal history. Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation.
Per contra, learned A.G.A. has opposed the prayer of learned counsel for the applicant but could not dispute the submissions of learned counsel for the applicant.
On due consideration to the fact that the applicant has not misused the liberty granted by this Court; the applicant has no criminal antecedents; the applicant is not the employee of company; so also the fact that the co-accused Ashok Kumar Tripathi has been enlarged on anticipatory bail by the Coordinate Bench of this Court vide order dated 08.07.2022 passed in criminal misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 984/2022 "Ashok Kumar Tripathi Vs. State of U.P.; undertaking of the applicant that he shall cooperate with the investigation, it would be expedient in the interest of justice that the liberty of the applicant may be protected till filing of police report u/s 173(2) Cr.P.C. in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.
Therefore, it is directed that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid case crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting authority/court concerned with the following conditions:-
1. that the applicant shall make himself available for interrogation by a police officer as and when required;
2. 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;
3. that the applicant shall not leave India without the previous permission of the court;
4. that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant;
5. that the applicant shall not pressurize/ intimidate the prosecution witness;
Before parting with the order it is expected that the pending investigation may be conducted and concluded with expedition in accordance with law.
In view of above, the present anticipatory bail application is allowed.
Order Date :- 23.2.2023
Madhu
