Allahabad High Court
Himanshu Chandelia @ Honey vs State Of U.P. on 25 July, 2023
Bench: Nalin Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:147909
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8029 of 2023
Applicant :- Himanshu Chandelia @ Honey
Opposite Party :- State of U.P.
Counsel for Applicant :- Mushtaq Ahmad,Manish Kumar Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
1. Heard learned counsel for the applicant and the learned A.G.A. for the State as well as perused the record.
2. The present anticipatory bail application has been filed on behalf of the applicant - Himanshu Chandelia @ Honey in Case Crime No.0025 of 2021, registered under Sections 379, 411 IPC, Section 15(2)/16 Petroleum and Minerals Pipelines Amended Act, 2011, 3/4 Explosive Substances Act and 3/4 Prevention of Damages to Public Property Act, 1984 at Police Station- Khokhraj, District Kaushambi with a prayer to enlarge him on anticipatory bail.
3. As per prosecution story, a theft from the IOC line was observed twice by the authorities and the FIR was instituted against unknown persons.
4. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. He is not named in the FIR. His name has come up in the statement of arrested co-accused persons Awadhesh Kumar and six other persons. He has nothing to do with the said offence. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. It is further submitted that criminal history of the applicant has been explained. The applicant has apprehension of his arrest. Learned counsel for 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. Lastly, it is submitted that in a similar case, the applicant has been granted anticipatory bail by this Court on 12.5.2023 vide Criminal Misc. Anticipatory Bail Application No. 4734 of 2023.
5. 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.
6. 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 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" till filing of police report under Section 173(2) CrPC. 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.
7. The application is allowed accordingly.
8. In the event of arrest of the applicant, he shall be released on anticipatory bail on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of Station House Officer of the police station concerned with the following conditions:-
(i) The applicant shall make himself available for interrogation by a police officer 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/her 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.
9. In case of default of any of the conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of protection granted to the applicant.
Order Date :- 25.7.2023
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