Allahabad High Court
Nanhey @ Nanhe vs State Of U.P. on 17 January, 2023
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 77
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4539 of 2020
Applicant :- Nanhey @ Nanhe
Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Srivastava,Shivangi Bhargava
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Rejoinder affidavit filed on behalf of applicant, is taken on record. Office is directed to register the same.
Heard Sri Ajay Kumar Srivastava, learned counsel for the applicant and Sri K.P. Pathak, learned A.G.A. for the State as well as perused the record.
The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 228 of 2020, under Sections 420, 467, 468, 471 I.P.C., Police Station - Swar, District - Rampur with a prayer to enlarge him on anticipatory bail.
On 24.08.2020, the following order has been passed:-
"On oral prayer, learned counsel for the applicant is permitted to remove the defects reported by the office by the next date fixed in the matter.
Heard learned counsel for the applicant as well as the learned AGA and perused the record.
Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Nanhey @ Nanhe, in Case Crime No. 228 of 2020, under Sections 420, 467, 468, 471 I.P.C., Police Station - Swar, District - Rampur.
It is submitted by learned counsel for the applicant that the applicant is innocent and has no concern with the present matter. Two persons belonging to the village of the applicant took the Adhar Card and Bank Passbook and applied old age pension before the competent authority without the knowledge of the applicant. Referring to the bank details annexed with the application, it is further submitted that amount said to have credited in the account of the applicant is still lying in it. Applicant did not withdraw the said amount. He will return the same. No prima facie case is made out. It is further submitted that an application under Section 156(3) Cr.P.C. was moved against the aforesaid two persons, thereafter, present F.I.R. was lodged on the basis of false facts. Applicant has no criminal history. If the applicant is enlarged on bail, he will not misuse the liberty and will cooperate with the investigation.The applicant has apprehension of his arrest by the police any time.
Learned A.G.A. opposed the prayer and prayed for some time to file counter affidavit in the matter.
In the circumstances, as requested, learned AGA is allowed two weeks' time to file counter affidavit.
As an interim protection, till the next date fixed for final hearing on this application, the applicant is granted anticipatory bail in the aforesaid case crime number. In the event of arrest of the applicant, he shall be released on anticipatory bail on his furnishing a personal bond of Rs.25,000/- 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:-
(i) The applicant shall make himself available for interrogation by a police office as and when required.
(ii) 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 from disclosing such facts to the Court or to any police office.
(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. Concerned.
(iv) The party shall file self-attested computer generated copy of this order downloaded from the official website of High Court Allahabad. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of default of any of the conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of interim protection granted to the applicant.
Put up this case as fresh on 15.10.2020 before the appropriate Bench."
Learned counsel for the applicant has stated that the applicant has never misused the liberty as granted by the order dated 24.08.2020 passed by co-ordinate Bench of this Court. He further submits that the amount of Rs. 6500/- which was credited in the account of the applicant by some mistake has been deposited in the treasury office. The circumstances which, as per counsel, led to the false implication of the applicant has also been touched upon at length. He further submits that the applicant undertakes that he has co-operated in the investigation and is ready to do so in trial also 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. He further submits that the charge sheet has already been submitted in the present matter on 12.10.2020.
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 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 the above, the anticipatory bail application of the applicants is allowed. Let the accused-applicant-Nanhey @ Nanhe be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/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 case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;
5. that the applicant shall not pressurize/ intimidate the prosecution witness;
6. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
7. that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
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 :- 17.1.2023/Arti
