Allahabad High Court
Sukhveer vs State Of U.P. on 8 May, 2024
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:82918
Court No. - 76
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3554 of 2024
Applicant :- Sukhveer
Opposite Party :- State of U.P.
Counsel for Applicant :- Pramod Kumar Dwivedi
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Supplementary affidavit filed by learned counsel for the applicant is taken on record.
3. Heard Sri Mrityunjay Dwivedi, Advocate holding brief of Sri Pramod Kumar Dwivedi, learned counsel for the applicant and Sri R.P. Patel, learned A.G.A. for the State as well as perused the record.
4. The present anticipatory bail application has been filed on behalf of the applicant in Complaint Case No.1822 of 2024, registered under Section 395 I.P.C. at Police Station- Sadabad, District- Hathras with a prayer to enlarge him on anticipatory bail.
5. As per prosecution story, the applicant and other co-accused persons are stated to have dug potatoes from the fields of the informant, and subsequently had taken away 15 sacks of wheat on 10.4.2010 at about 08:00 a.m.
6. Learned counsel for the applicant has stated that he has been falsely implicated in this case. The said allegations are false. The applicant has nothing to do with the said offence. Learned counsel has stated that initially the closure report was filed in the said case, but subsequently the applicant has been summoned by the concerned court vide order dated 16.8.2023. It is further stated that the applicant has no criminal history to his credit as the criminal history of one case assigned to the applicant stands explained on the ground that he is not wanted in it, the said order has been annexed to the supplementary affidavit filed in Court today.
7. 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.
8. Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicant.
9. On due consideration to the arguments advanced by learned counsel for the applicant 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 Supreme Court.
10. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Sukhveer be released forthwith in the aforesaid complaint case (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 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.
11. 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 :- 8.5.2024/ Vikas
(Justice Krishan Pahal)
