Rana Pratap Singh vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 1167 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. - 53 of 2023
 

 
Applicant :- Rana Pratap Singh
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Civil Secrett. Lko. And Another
 
Counsel for Applicant :- Chandra Bhushan,Anil Kumar Khare
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No.290 of 2022 under sections 419, 420, 467, 468, 506, 120B I.P.C., P.S. Mishrikh, district Sitapur.

Heard learned counsel for the applicant and learned A.G.A. for the State. Notice to respondent No.2 is dispensed with.

It is submitted on behalf of the applicant that the applicant is neither seller nor purchaser. He is not even a witness nor he is a beneficiary in the transaction. On the confessional statement of the co-accused, his name has surfaced and on that basis, he has been made accused in this case.

It is further submitted that the co-accused persons who had been benefitted by the transaction have been enlarged on regular bail vide orders contained in Annexures 7 to 9 of the bail application. He undertakes to cooperate in the investigation.

Learned A.G.A. has opposed the prayer made by the applicant's counsel.

Without expressing any opinion on the merits of the case and considering the nature of accusation and the undertaking given on behalf of the applicant that he shall cooperate in the trial and gravity of offence, I am of the opinion that the applicant is entitled to be released on bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to his cooperation in the investigation.

In view of the above, it is provided that in the event of arrest, till filing of the police report under section 173 CrPC, the accused applicant shall be released on anticipatory bail by the investigating officer/SHO on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the Investigating officer/concerned S.H.O.,, with the condition that he shall cooperate in the investigation and appear before the concerned police station as and when he is summoned. The applicant shall not leave India without information of the concerned S.H.O./trial Court. The applicant shall not pressurize/ intimidate the prosecution witness;

It is made clear that in case the applicant does not cooperate in the investigation, it shall be open for the prosecution to move for cancellation of protection granted by the present order.

In view of the aforesaid, the anticipatory bail application is allowed.

Order Date :- 11.1.2023

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