Allahabad High Court
Anil And Another vs State Of U.P. And Another on 7 May, 2024
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:81603
Court No. - 75
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12566 of 2023
Applicant :- Anil And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Rajesh Kumar
Counsel for Opposite Party :- G.A.,Sunil Kumar
Hon'ble Deepak Verma,J.
1. Heard counsel for the applicants; learned counsel for the informant; learned A.G.A. for the State and perused the record.
2. The instant anticipatory bail application has been filed on behalf of the applicants with a prayer to release them on bail in Complaint Case No.5252 of 2023 (Hori Lal Vs. Anil and others) under Section 420 I.P.C., P.S. Kasganj, District Kasganj, during pendency of trial.
3. Learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. Counsel for the applicant further submits that vide order dated 17.11.2023, the matter was referred to Mediation and Conciliation Centre. As per Mediation report dated 21.12.2023, parties appeared and settled their all differences.
5. Learned AGA and counsel for the informant could not dispute the aforesaid facts.
6. Considering the arguments advanced by the learned counsel for the parties; in view of the report of Mediation and Conciliation and in view of the law laid down by the Apex Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98", the applicant is entitled to be granted anticipatory bail in this case.
7. Without expressing any opinion upon ultimate merits of the case either ways which may be adversely affect the trial of the case, the anticipatory bail application of the applicant is allowed.
8. Let the applicants, namely, Anil and Smt. Devshri who are involved in the aforesaid complaint, be released on anticipatory bail till conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
i. The applicants shall not leave India during the pendency of trial without prior permission from the concerned trial Court.
ii. The applicants shall surrender their passport, if any, to the concerned trial Court forthwith. Their passport will remain in custody of the concerned trial Court.
iii. 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;
iv. The applicants shall file an undertaking to the effect that they 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 applicants.
v. In case, the applicants misuse the liberty of bail, the trial Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal(supra).
vi. The applicants 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 their bail and proceed against them in accordance with law.
Order Date :- 7.5.2024
Meenu Singh
