Allahabad High Court
Kailash Chandra Sharma vs State Of U.P. And 2 Others on 21 September, 2023
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:182933
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9620 of 2023
Applicant :- Kailash Chandra Sharma
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Ashwani Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
1. Heard Mr. Ashwani Kumar Mishra, learned counsel for the applicant and learned Additional Government Advocate for the State.
2. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case No.373 of 2021 arising out of Crime No.0314 of 2019, under Sections 420, 467, 468, 471 IPC, Police Station Banna Devi, District Aligarh.
3. Learned counsel for the applicant submits that applicant has been falsely implicated in the present case just to harass the applicant in fact no such incident has taken place as alleged in the impugned FIR. The applicant was appointed as Kurk Amin on 29.04.1977 and since then he was discharging his duties full devotion. Now he is retired from service and aged about 69 years. As per allegation between 2006 to 2008 certain properties mortgaged with the Bank were auctioned and the applicant in collusion with bank official has auctioned the mortgaged property. The FIR has been lodged after 12 years of the alleged incident without explaining the reason for the delay in lodging the FIR. He further submits that the applicant has never committed any forgery nor any amount has been transferred in the account of the applicant even no departmental inquiry has been initiated against the applicant. He further submits that earlier the applicant has approached this Court by filing Criminal Misc. Bail Application No.32785 of 2019 and a coordinate Bench of this Court vide order dated 26.08.2019 has granted anticipatory bail till filing of police report under Section 173 (2) Cr.P.C. Now the charge sheet has been filed. He further submits that during investigation, the applicant has fully cooperated in the investigation and has never misused the liberty of bail, therefore, there is no need of custodial interrogation of the applicant, hence, the applicant may be enlarged on anticipatory bail till conclusion of trial.
4. Learned A.G.A. has vehemently opposed the prayer for anticipatory bail of the applicant.
5. Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, he is directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
6. In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant-Kailash Chandra Sharma, involved in the aforesaid case crime be released on anticipatory bail till conclusion of trial on furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
(i) 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.
(ii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
(iii) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
(v) In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
(vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against his in accordance with law.
7. In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
8. With the aforesaid observations/ directions, the application is disposed of.
Order Date :- 21.9.2023
Ajeet
