Allahabad High Court
Kamal Singh Sirohi vs State Of U.P. on 14 September, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:177834
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9205 of 2023
Applicant :- Kamal Singh Sirohi
Opposite Party :- State of U.P.
Counsel for Applicant :- Amit Rai,Avesh Pratap Singh
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 anticipatory bail application. Sri Deepak Kumar Singh, 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 applicants in Case Crime No.137 of 2021, registered under Sections 420, 506 IPC and Section 15(2) and 15(3) Indian Medical Council Act at Police Station- Bahjoi, District Sambhal with a prayer to enlarge them on anticipatory bail.
5. As per prosecution story, the applicant is stated to be the proprietor of a ultrasound center being run within the jurisdiction of P.S. Behjoi, District Sambhal. The installation of the applicant is stated to have been sealed by the authorities, but the applicant is stated to have broken open the said sealed premises without any authorization. The applicant is stated to have even threatened the authorities of medical department through his mobile.
6. A bare perusal of the FIR indicates that no money has been transferred regarding the threatening given to the authorities. The case is triable by Magistrate.
7. Learned A.G.A. has informed that the applicant has no criminal antecedents 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 applicants, the applicants are 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 applicants 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 applicants is allowed. Let the accused-applicants-Kamal Singh Sirohi be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i). that the applicants shall make themselves available for interrogation by a police officer as and when required;
(ii). that the applicants 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 them from disclosing such facts to the court or to any police officer or tamper with the evidence;
(iii). that the applicants shall not leave India without the previous permission of the court;
(iv). that in case charge-sheet is submitted the applicants shall not tamper with the evidence during the trial;
(v). that the applicants shall not pressurize/ intimidate the prosecution witness;
(vi). that the applicants 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 :- 14.9.2023
Ravi Kant
(Krishan Pahal, J.)
