Allahabad High Court
Himanshu Chandelia @ Honey vs State Of U.P. on 12 May, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:103037
Court No. - 83
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4734 of 2023
Applicant :- Himanshu Chandelia @ Honey
Opposite Party :- State of U.P.
Counsel for Applicant :- Manish Kumar Pandey,Mushtaq Ahmad
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Manish Kumar Pandey, learned counsel for the applicant and Sri R.P. Patel, learned A.G.A. for the State as well as perused the record.
3. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.0057 of 2021, registered under Sections 379, 511, 34 IPC, Section 15/16 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- Charwa, District Kaushambi with a prayer to enlarge him on anticipatory bail.
4. As per prosecution story, a theft from the IOC line was observed twice by the authorities and the FIR was instituted against unknown persons.
5. 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, which is not admissible under Indian Evidence Act. 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. There is no previous criminal history of the applicant except the two cases instituted in the statement of the said arrested persons. 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.
6. 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.
7. 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". 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.
8. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Himanshu Chandelia @ Honey be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i). that the applicant shall make himself available for interrogation by a police officer as and when required;
(ii). that 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 or tamper with the evidence;
(iii). that the applicant shall not leave India without the previous permission of the court;
(iv). that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;
(v). that the applicant shall not pressurize/ intimidate the prosecution witness;
(vi). that the applicant 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.
9. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.
(Krishan Pahal, J.)
Order Date :- 12.5.2023
Ravi Kant
