Allahabad High Court
Om Prakash And Another vs State Of U.P. And Another on 2 May, 2023
Bench: Nalin Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 84
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3776 of 2023
Applicant :- Om Prakash And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Harish Kumar Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.
The present anticipatory bail application has been filed on behalf of the applicants - Om Prakash and Kaushal Kishor in Case Crime No.84 of 2022, registered under Sections 147, 419, 420, 467, 468, 504, 506 I.P.C. at Police Station Khajani, District Gorakhpur with a prayer to enlarge them on anticipatory bail.
As per prosecution story, the applicants and other co-accused persons are stated to have impersonated the informant and got the said sale deed executed in their favour.
Learned counsel for the applicants has stated that they have been falsely implicated in this case. The applicants are the bona fide purchaser and are themselves the victim of the forgery committed, if any. The sale deed was executed on 18.9.2014 and the FIR has been instituted after a delay of seven years and there is no explanation of the said delay caused. The applicants are not named in the F.I.R. and have no criminal history to their credit. Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegations made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon at length. The applicants have apprehension of their arrest. Learned counsel for the applicants undertakes that they will co-operate in the investigation.
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 counsel for the applicants as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicants, the applicants are liable to be enlarged on anticipatory bail till the filing of police report under Section 173 (2) Cr.P.C. before the competent court 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 applicants 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-applicants - Om Prakash and Kaushal Kishor be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the filing of police report under Section 173 (2) Cr.P.C. before the competent court on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) that the applicants shall make themselves available for interrogation by a police officer as and when required;
(ii) 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 them from disclosing such facts to the court or to any police officer or tamper with the evidence;
(iii) that the applicants shall not leave India without the previous permission of the court;
(iv) that in case charge-sheet is submitted the applicants shall not tamper with the evidence during the trial;
(v) that the applicants shall not pressurize/ intimidate the prosecution witness;
(vi) that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted;
(vii) 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 investigation / trial.
Order Date :- 2.5.2023 / ss
