Allahabad High Court
Virendra Kumar Yadav vs State Of U.P.And Another on 27 October, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:204920
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11298 of 2023
Applicant :- Virendra Kumar Yadav
Opposite Party :- State Of U.P.And Another
Counsel for Applicant :- Priyavrat Tripathi,Bhola Nath Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Priyavrat Tripathi, learned counsel for the applicant and Sri S.P. Pandey, 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.187 of 2023, registered under Sections 379, 511 I.P.C. at Police Station- Manda, District- Prayagraj with a prayer to enlarge him on anticipatory bail.
4. As per prosecution story, an attempt was being made by the driver of the Magic vehicle no.UP-70 LT 8231 to steal two buffaloes of one Ram Swaroop Yadav, s/o Prushottam Yadav in the night on 24.8.2023. It was also indicated in the FIR that on seeking the details of the said vehicle, it was found that it belongs to one Om Prakash s/o Kashi Prasad Mishra and when he was telephonically contacted by the police, he informed that the said Magic vehicle was being driven by the applicant (driver), as such, the offence committed, if any, might have been done by him.
5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in this case. The name of the applicant has come up only in the statement of co-accused person which is not admissible in evidence. The applicant has been implicated on the basis of speculation only. The applicant has no criminal history to his credit. 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. The applicant has apprehension of his arrest. Learned counsel has stated that 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- Virendra Kumar Yadav 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 concerned 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.
Order Date :- 27.10.2023/ Vikas
[Krishan Pahal, J.]
