Allahabad High Court
Om Prakash vs State Of Up And 3 Others on 24 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:95040
Court No. - 89
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2019 of 2024
Applicant :- Om Prakash
Opposite Party :- State Of Up And 3 Others
Counsel for Applicant :- Ajay Kumar Srivastava
Counsel for Opposite Party :- Abdul Saleem Ahamad,G.A.
Hon'ble Mayank Kumar Jain,J.
1. Heard learned counsel for the applicant, learned counsel for the opposite party no.2, learned A.G.A. for the State and learned counsel for the informant.
2. This anticipatory bail application has been moved seeking bail in Case Crime No. 88 of 2022 in between State of U.P. vs. Om Prakash, under section 406, 504, 506, 419, 420, 467, 468, 471, 120-B I.P.C., P.S. Dhanapur, District Chandauli, pending in the court of Judicial Magistrate, Chandauli and the present anticipatory bail application is being file after filing of the charge sheet no. 1 of 2023 dated 15.6.2023 and the arrest of the applicant be stayed during the pendency of the trial. It is also prayed during further proceeding, opposite party no. 2 may be restrained to arrest the applicant in aforesaid case.
3. It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in this case. Applicant is not working in railway in New Delhi and he has not received the money as alleged in the F.I.R. by the informants. It is further submitted that similarly placed co-accused Shashikant Singh @ Golu has been granted anticipatory bail before filing of the charge sheet in Criminal Misc. Anticipatory Bail Application No. 3553 of 2023 on 4.4.2023 by this Hon'ble Court.
4. After some length of the arugment, it is admitted by learned counsel for the applicant that out of Rs. 5,47,600/-, applicant has returned Rs. 4,00,000/- to the informant by cheque. It is also undertaken by the applicant that the rest amount of Rs. 1,47,600/- will also be returned to the informant. It is submitted that charge sheet has been filed against the applicant. It has been stated that applicant is having apprehension of imminent arrest and that in case, they are granted anticipatory bail, he shall not misuse the liberty of bail and will cooperate with the investigation.
5. Per-contra, learned A.G.A. assisted by learned counsel for the informant has opposed the application for anticipatory bail but could not dispute that the co-accused has been granted anticipatory bail by this Court.
6. Without expressing any opinion on the merits of the case and considering the nature of accusation and antecedent of the applicants, considering the gravity of the offence, considering the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and in the case of Satendra Kumar Antil vs. Central Bureau of Investigation passed in Special Leave to Appeal (Criminal) No. 5191 of 2021, the anticipatory bail is liable to be allowed.
7. The application for anticipatory bail is allowed.
8. In the event of arrest of the applicantOm Prakash shall be released on anticipatory bail till conclusion of trial on furnishing a personal bond with two sureties each in the like amount of Rs. 50,000/- with the following conditions:-
i. The applicant shall not leave India during pendency of the trial without prior permission from the concerned trial Court.
ii. The applicant shall surrender his passport, if any, to the concerned trial Court forthwith. His passport will remain in custody of the concerned trial Court.
iii. 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;
iv. At the time of filing of his personal bond and two sureties, applicant shall submit a demand draft in favour of the informant for an amount of Rs. 1,47,600/- , only then his personal bond and sureties will be accepted by the court concerned. The demand draft so deposited by the applicant shall be given to the informant after due verification.
4. In case, the applicant misuses 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 vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
Order Date :- 24.5.2024/SY
