Allahabad High Court
Devendra vs State Of U.P. And Another on 15 September, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:178491
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9585 of 2023
Applicant :- Devendra
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Sushil Kumar Pandey
Counsel for Opposite Party :- G.A.,Brahma Kumar Tiwari
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Sushil Kumar Pandey, learned counsel for the applicant, Sri Brahma Kumar Tiwari, learned counsel for the informant as well as Sri Deepak Kumar Singh, 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 Complaint Case No.21688/9 of 2021, registered under Sections 420, 386 I.P.C. at Police Station- Chhapar, District- Muzaffar Nagar with a prayer to enlarge him on anticipatory bail.
4. As per prosecution story, the complainant is stated to have taken Rs.17,100/- from the father of the applicant and they are stated to have pressurized him to return the said amount but the complainant could not return it. Later on, the complainant had returned the said amount but a plain stamp paper was executed between the parties. After the return of the said amount, the complainant demanded the said stamp paper and the applicant instead of returning the said stamp paper is stated to have filled the said stamp paper with an amount of Rs.2 lakhs and given it to the Investigating Officer in Case Crime No.364 of 2019, under Section 306 I.P.C., Police Station- Chhapar, District Muzaffar Nagar, as such he has forged the documents and has even misused it in court.
5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in this case. The allegations made in the present complaint are per se false. There is another case of abetment to suicide instituted at the same police station but the applicant is not an accused in it. 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 counsel for the informant has vehemently opposed the anticipatory bail application and stated that it is the matter of loan which led to the said suicide, as such, applicant is not entitled for anticipatory bail. Learned A.G.A. has also opposed but unable to dispute that there is no criminal antecedent of the applicant.
7. On due consideration to the arguments advanced by learned counsels for the parties 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- Devendra be released forthwith in the aforesaid complaint case (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 :- 15.9.2023
Vikas
[Krishan Pahal, J.]
