Allahabad High Court
Virendra Kumar @ Kallu vs State Of U.P. Thru. Prin. Secy. ... on 5 January, 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. - 502 of 2022
Applicant :- Virendra Kumar @ Kallu
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.And Another
Counsel for Applicant :- Ashok Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
The applicant Virendra Kumar alias Kallu has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in F.I.R. No. 385 of 2021, under Sections 255, 272, 273, 420, 467, 468, 471 I.P.C. read with Sections 60(1), 63, 72 of Excise Act and Sections 51, 63 of Copyright Act, Police Station Mahmoodabad, District Sitapur.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Vide order dated 1.4.2022, the applicant was granted interim protection by a coordinate Bench of this Court. Gist of the issue involved in the present matter is given in the said order, which is extracted below :
"Heard learned counsel for the applicant, learned AGA for the State and perused the material available on record.
The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 385 of 2021, under Sections 255, 272, 273, 420, 467, 468, 471 IPC, Sections 60 (1), 63, 72 of Excise Act and Sections 51, 63 of Copyright Act, Station Mahmoodabad, District Sitapur, with a prayer to enlarge him on anticipatory bail.
Learned counsel for the applicant has further submitted that co-accused person, Ankit Rathaur has already been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 1.2.2022 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 124 of 2022. Therefore, the present applicant is also entitled for anticipatory bail. Learned counsel for the applicant undertakes that he will cooperate in the investigation failing which the State can move appropriate application for vacation of the interim protection.
The prayer for anticipatory bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.
Matter requires consideration.
Three weeks' time is granted to learned A.G.A. and learned counsel for the first informant to file counter affidavit.
One week's time, thereafter, is granted to learned counsel for the applicant for filing rejoinder affidavit.
On due consideration to the arguments advance 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, as an interim measure, is liable to be enlarged on anticipatory bail on the ground of parity and in view of the Constitution Bench judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98". 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 the event of arrest, the accused-applicant- Virendra Kumar @ Kallu, shall be released forthwith in the aforesaid case crime (supra) on interim anticipatory bail on furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned on the following conditions:-
(i) the applicant shall make himself available for interrogation 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 him from disclosing such facts to the Court or to any police officer; and
(iii) the applicant shall not leave India without the previous permission of the Court.
List this case on 13th May, 2022 in the additional cause list. "
It is submitted on behalf of the applicant that the applicant has not misused the interim protection granted by this court. He has no criminal antecedent. The other co-accused persons who were arrested on the spot have been enlarged on bail, a reference whereof has been given in the order extracted above.It is submitted that the applicant has cooperated in the investigation. The applicant has not been arrested on the spot, nor any recovery has been made from the possession of the applicant. The applicant is the resident of district Sitapur and there is no chance of his fleeing away or absconding.
Learned A.G.A. submits that the name of the applicant has surfaced in the confessional statement of the arrested accused persons. Learned A.G.A. has adopted the counter affidavit filed in Anticipatory Bail Application No.124 of 2022 which is a connection application.
Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, coupled with the undertaking given by the applicant that he will cooperate in the investigation/trial, the applicant is entitled to be released on anticipatory bail in this case.
In view of the above as also keeping in view of the judgment in Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC OnLine 98, the interim order dated 1.4.2022 is affirmed. However, the accused applicant is directed to surrender before trial court, if charge sheet has been filed and he is summoned to face trial for offence in question. The accused applicant shall be released on bail by the trial court on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court with the following conditions.
(i) 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 tamper with the evidence;
(ii) The applicant shall not leave India without the previous permission of the court;
(iii)The applicant shall not pressurize/ intimidate the prosecution witness;
(iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;
Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.
It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.
In view of the aforesaid, the application is disposed of.
Order Date :- 5.1.2023
kkb/
