Pradeep Kumar Jain vs State Of U.P.
2023 Latest Caselaw 2664 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 755 of 2020
 
Applicant :- Pradeep Kumar Jain
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Swetashwa Agarwal
 
Counsel for Opposite Party :- G.A.,Shiva Tripathi
 
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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 766 of 2020
 
Applicant :- Smt. Rekha Jain
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Swetashwa Agarwal
 
Counsel for Opposite Party :- G.A.,Shiva Tripathi
 

 
Hon'ble Mrs. Manju Rani Chauhan,J.

The case is taken in the revised call. No one has appeared on behalf of the informant to press this case.

Since both the applications are having same case crime number, Police Station, and District, therefore, with the consent of both the parties, these applications are being decided by a common order.

Heard Mr. Yashraj Verma, Advocate holding brief of Mr. Swetashwa Agarwal, learned counsel for the applicants and Mr. K.P. Pathak, learned A.G.A. for the State and perused the record.

The present application has been moved seeking anticipatory bail in Case Crime No.689 of 2019, under Sections 420, 467, 468, 471, 506 I.P.C., Police Station-Loni Border, District-Ghaziabad, with the prayer that in the event of arrest, applicants may be released on bail.

Earlier vide orders dated 17.01.2020, interim anticipatory bail was granted to the applicants.

Subsequently, on 05.10.2021, the following order was passed:-

"Case called out in revised call.

Heard learned counsel for the applicant and learned A.G.A. Perused the record.

The instant application is being moved by the applicant invoking the powers of Section 438 Cr.P.C. that he has every reason to believe that he may be arrested on the accusation of having committed a non-bailable offence in connection with Case Crime No.689 of 2019, under Sections 420, 467, 468, 471, 506 I.P.C., Police Station-Loni Border, District-Ghaziabad.

The interest of the applicant has already been protected vide order dated 17.1.2020 and the learned A.G.A. was directed to file counter affidavit.

Learned A.G.A. submits that the counter affidavit could not be filed and he sought further time to file the same.

Learned A.G.A. is allowed four weeks' time to file counter affidavit. Learned counsel for opposite party no.2 may also filed counter affidavit within same period. Rejoinder affidavit may be filed within two weeks thereafter.

The interim protection granted earlier to the applicant is extended up to the submission of report u/s 173(2) Cr.P.C. by the police, on the similar terms and conditions as spelled out in the earlier order dated 17.1.2020.

In the event, the applicant breaches or attempt to breach any of the conditions mentioned in the order dated 17.1.2020 or wilfully violates the same or abstains himself from the investigation, it would be open for the Investigating Officer or the concerned authority to apply before the court of Session for cancellation of interim protection and the Court of Session has every liberty and freedom to revoke the anticipatory bail after recording the reasons for the same.

While entertaining the instant anticipatory bail application before this Court, there is no concrete material on record except the canvassed apprehension of the applicant on his arrest and the severity of accusation made in the FIR against him. After being satisfied on the limited material, the interest/liberty of the applicant is being protected by this Court with aforesaid riders during the course of investigation, after recording its nascent satisfaction. However, continuance of instant interim protection or ultimate fate of instant application would be decided, subject to the counter affidavit filed by learned A.G.A. and the material brought on record against the applicant during the investigation.

Life of the instant protection would continue till the submission of charge sheet or 90 days, whichever is earlier.

List this anticipatory bail application in the second week of December, 2021 before appropriate Court."

Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case and they have an apprehension that they may be arrested in the above mentioned case, whereas there is no credible evidence against them. He further submits that the charge sheet has been submitted in this case on 24.01.2021 and the applicants have always co-operated in the investigation and have not misused the liberty of aforesaid interim anticipatory bail, which was granted to them on 17.01.2020 by the Co-ordinate bench of this Court. He further submits that the dispute is purely civil in nature and the informant has tried to give criminal colour to the same lodging the case against the applicant with false and frivolous allegation. He further submits that the entire allegations contained in the FIR is absolutely false and vague to exert pressure upon them. Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegation made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon length. Learned counsel for the applicants undertakes that they have co-operated in the investigation and are 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 applicants.

On due consideration to the arguments advanced by learned A.G.A., perused the entire records and considering the nature of accusations and antecedents of the applicants, the applicants are entitled to be released on anticipatory bail in this case in view of the judgement of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi) reported in (2020) 5 SCC 1". The future contingencies regarding the anticipatory bail being granted to applicants shall also be taken care of as per the aforesaid judgement of the Apex Court.

In view of above, the anticipatory bail applications of the applicants are allowed.

Let the applicants-Pradeep Kumar Jain and Smt. Rekha Jain involved in the aforesaid case crime be released on anticipatory bail till the conclusion of trial on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-

1.The applicants shall not tamper with the evidence during the trial.

2. 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.

3. The applicants shall not leave India during the currency of trial without prior permission from the concerned trial Court.

4. The applicants shall surrender their passports, if any, to the concerned trial Court forthwith. Their passports will remain in custody of the concerned trial Court.

5. In case, the applicants misuses the liberty of bail, the trial Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal and others v. State (NCT of Delhi) and another, (2020) 5 SCC 1.

6. That 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;

7. The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him/her/them 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. In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.

Order Date :- 25.1.2023

Jitendra/-