Allahabad High Court
Yakoob Ali vs State Of U.P. And 2 Others on 12 July, 2023
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:138300
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4344 of 2023
Applicant :- Yakoob Ali
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Satyendra Narayan Singh,Pankaj Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
1. Heard learned counsel for the applicant and learned Additional Government Advocate for the State.
2. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.452 of 2020, under Sections 409, 420 IPC, P.S.Civil Lines, District Etawah, during the pendency of investigation.
3. In the earlier anticipatory bail application of the applicant bearing Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 3294 of 2021, the Co-ordinate Bench of this Court vide order dated 25.03.2021, enlarged the applicant on anticipatory bail for the period of 45 days or till the cognizance is taken by the Magistrate on the police report submitted U/S 173(2) Cr.P.C., whichever is earlier. A perusal of record shows that charge-sheet has been filed on 08.11.2021, on which cognizance has been taken by the trial Court on 25.04.2022.
4.Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the crime in question. It is further stated that as per the prosecution case the incident took place in the year 2017-18 whereas the FIR was lodged after so long delay on 09.12.2020 and there is no explanation about the said delay. In the FIR, the allegation is about the irregularities of amount about rupees six lacs whereas, after inquiry, it was found that only Rs. 1,14,000/- is liable to be adjusted that raise the serious doubt about the prosecution. It is further stated that the applicant is aged about 70 years, as no prima facie case is made out against the applicant, therefore, he is entitled for the anticipatory bail.
5. Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant.
6. Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, he is directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
7. In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant- Yakoob Ali, involved in the aforesaid crime be released on anticipatory bail 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 applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation.
(2) 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.
(3) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
(4) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.
(5) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
(6) In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
(7) The applicant 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 his in accordance with law.
8. In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
9. With the aforesaid observations/ directions, the application stands disposed of.
Order Date :- 12.7.2023
Satish
