Allahabad High Court
Deepak vs State Of U.P. on 13 September, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:177464
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10275 of 2023
Applicant :- Deepak
Opposite Party :- State of U.P.
Counsel for Applicant :- Om Prakash Rai,Ashish Rai
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. No one is present on behalf of the applicant to press the present anticipatory bail application. Learned A.G.A. is present.
3. The lawyers are abstaining from work today. This Court has itself perused the material available on record.
4. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 72 of 2023, registered under Sections 406, 420, 323, 506, 34 I.P.C. at Police Station- Babri, District- Shamli with a prayer to enlarge him on anticipatory bail.
5.As per prosecution story, the applicant in collusion with other co-accused persons is stated to have duped the informant to the tune of Rs.2,50,000/- on the pretext that it shall be doubled within a span of two days. After demanding the said double money, the applicant and other co-accused persons are stated to have beaten the informant and run away from the Butrada bus stand on 1.6.2023.
6. A bare perusal of the FIR indicates that occurrence is between 27.5.2023 and 1.6.2023. The FIR has been instituted on 21.6.2023, i.e., after a delay of 20 days. The said delay has not been explained. Even the FIR indicates that a false information of robbery was given by the informant by dialing 112 number.
7. Sri Sunil Kumar, learned A.G.A. has vehemently opposed the anticipatory bail application but has not disputed the fact that applicant has no criminal history to his credit.
8. On due consideration to the arguments advanced by 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.
9. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Deepak 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.
10. 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 :- 13.9.2023
Vikas
[Krishan Pahal, J.]
