Allahabad High Court
Amit Agarwal vs State Of U.P Thru. Prin. Secy. Home ... on 10 May, 2023
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:32086
Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1074 of 2023
Applicant :- Amit Agarwal
Opposite Party :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Govt. Lko.
Counsel for Applicant :- Siddhartha Sinha,Arun Sinha,Mohammad Zeeshan Lari
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 Case Crime No.204 of 2020 under section 120-B I.P.C., P.S. Aminabad, district Lucknow.
2.Heard learned counsel for the applicant and learned A.G.A. for the State.
3.It is submitted on behalf of the applicant that initially, a first information report No.204 of 2020 under sections 419, 420, 467, 468, 471 I.P.C. and 66 I.T. Act was registered. The applicant was not named in the first information report. In the meantime, the applicant filed anticipatory bail application which was allowed vide order dated 6.6.2022 passed in Anticipatory Bai No.3698 of 2022 by the Sessions Judge. Thereafter, charge sheet was was filed. The applicant was not even named in the charge sheet. After filing of the charge sheet, offence under section 120-B I.P.C. was added. Thus, the applicant was compelled to move an anticipatory bail application.
It is next submitted that the anticipatory bail application has been rejected vide order dated 27.3.2023, Anenxure-2, only on the ground that his first application for anticipatory bail was allowed earlier. No other reason has been assigned in the rejection order. The order is cryptic. 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.
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 applicant has not misused the liberty granted by the Sessions Court while allowing the first anticipatory bail application, the undertaking given on behalf of the applicant that he shall cooperate in the trial , the judgment dated 30.9.2022 passed by a coordinate Bench of this court in Anticipatory Bail No.9391 of 2022 Shahzad versus State of U.P., 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 subject to his cooperation in the trial.
7.In view of the above, the accused applicant Amit Agarwal 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 :- 10.5.2023
kkb/
