Allahabad High Court
Sunil Kumar vs State Of U.P. Thru. Prin. Secy. ... on 8 May, 2023
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:31825
Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 977 of 2022
Applicant :- Sunil Kumar
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another
Counsel for Applicant :- Vivek Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
1.The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in F.I.R. No.460 of 2016 under Section 409, 420, 467, 468, 471, 120-B IPC and under Section 3/7 E.C. Act, P.S. Kotwali Dehat, District Gonda
2.Heard learned counsel for the applicant and learned A.G.A. for the State.
3.Vide order dated 28.6.2022, 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 applicant and learned A.G.A. appearing on behalf of opposite party No.1-State.
Issue notice to opposite party No.2 returnable at an early date.
First anticipatory bail application has been filed with regard to F.I.R. No.460 of 2016 under Section 409, 420, 467, 468, 471, 120-B IPC and under Section 3/7 E.C. Act, P.S. Kotwali Dehat, District Gonda.
Learned counsel for applicant submits that entire gist of the first information report pertains to irregularities having been committed by one Shiv Kumar Dubey who was the fair price shop dealer whereas the applicant is only a member of the administrative committee of the village concerned. It is submitted that even from a bare perusal of the F.I.R., none of the sections are made out against the applicant.
Learned A.G.A. appearing on behalf of State has opposed bail application but does not dispute the fact that the applicant is member of administrative committee and is not the fair price shop dealer.
Considering the aforesaid facts and circumstances, a case for grant of interim relief is made out and as such it is provided that till next date of listing, the applicant shall not be arrested in terms of F.I.R. No.460 of 2016 under Section 409, 420, 467, 468, 471, 120-B IPC and under Section 3/7 E.C. Act registered at P.S. Kotwali Dehat, District Gonda and in case of any arrest shall be released forthwith upon execution of bond.
The opposite parties are granted three weeks' time to file their counter affidavit.
List on 27th July, 2022. "
4.It is submitted on behalf of the applicant that similarly situated co-accused Satya Prakash Upadhyay who was also Administrative Committee member of the village concerned like the applicant, has been granted interim protection vide order dated 14.7.2022, passed in Anticipatory Bail No.978 of 2022.
It is next submitted that the applicant has cooperated in the investigation. Charge sheet has been filed. He undertakes on behalf of the applicant that the applicant shall cooperate in the trial.
5.Learned A.G.A. has opposed the prayer made by the applicant's counsel, however could not dispute the fact that there is an interim protection in favour of co-accused Satya Prakash Upadhyay. .
6.Without expressing any opinion on the merits of the case and considering the nature of accusation and the applicant having no criminal antecedents, the undertaking given on behalf of the applicant that he shall cooperate in the trial , the matter is triable by Magistrate, and gravity of offence, I am of the opinion that in the event of arrest/surrender before the concerned court, the applicant is entitled to be enlarged on anticipatory bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to his cooperation in the trial.
7.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 accused applicant is directed to surrender before trial court if he is summoned to face trial for offence in question after filing of the charge sheet. In the event of arrest/surrender before the concerned court, the accused applicant shall be enlarged on anticipatory bail by the trial court on his furnishing a personal bond and two sureties each of 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.
8.In view of the aforesaid, the anticipatory bail application is allowed.
Order Date :- 8.5.2023
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