Allahabad High Court
Anil Chaube vs State Of U.P. on 22 January, 2025
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:11092
Court No. - 65
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13966 of 2023
Applicant :- Anil Chaube
Opposite Party :- State of U.P.
Counsel for Applicant :- Nitin Sharma,Sanjay Mishra
Counsel for Opposite Party :- Akash Mishra,G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard SriSanjay Mishra, learned counsel for the applicant and Sri Mohd. Haleem, holding brief of Sri Akash Mishra, and Sri Sunil Kumar, 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 applicants in Case Crime No. 179 of 2022, registered under Sections 306 I.P.C. at Police Station- Friends colony, District- Etawah with a prayer to enlarge them on anticipatory bail.
4. On the earlier occasion, the applicant was granted interim anticipatory bail by co-ordinate Bench of this Court vide order dated 16.02.2024 and following order was being passed :-
"1. List revised.
2. Heard Sri Abhishek Mishra holding brief of Sri Sanjay Mishra, learned counsel for the applicant, Sri Akash Mishra, learned counsel for the first informant, Sri Birendra Pratap Singh, learned counsel for the State and perused the records.
3. Learned counsel for the first informant further prays for and is granted three weeks' time to file counter affidavit. Learned counsel for the State has served a copy of the counter affidavit today in Court to learned counsel for the applicant. He may file the same in the office within the said period. Rejoinder affidavit, if any, may also be filed by the next date.
4. Learned counsel for the applicant argued that the applicant was granted interim anticipatory bail vide order dated 19.01.2024 passed by this Court.
5. Perused the order dated 19.01.2024 by which the applicant was granted interim anticipatory bail.
6. Let the matter be listed on 28.03.2024.
7. Since there is an interim order granted in favour of the applicant vide order dated 19.01.2024, till the next date of listing, the applicant Anil Chaube, if arrested, shall be released on interim anticipatory bail in Case No. 2612 of 2023 (State vs. Smt. Ashi & others) arising out of Case Crime No. 179 of 2022, under Section 306 I.P.C., Police Station Friends Colony, District Etawah on furnishing a fresh personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) the applicant shall make himself available on each and every date fixed in the matter by the court concerned.
(ii) 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.
(iii) the applicant shall not leave India without the previous permission of the Court and if he has a passport, the same shall be deposited before the concerned court.
8. In case, the applicant does not co-operate in the proceedings of the trial, this order shall stand automatically recalled/vacated and the applicant shall be taken into custody, forthwith.
9. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. "
5. Learned counsel for the informant has opposed the anticipatory bail on the ground that the applicant is continuously absent from the proceedings and is not cooperating in trial. Even the bailable warrant was issued against him once, as such, the applicant is not entitled for anticipatory bail.
6. Learned counsel for the applicant has stated that the said allegations are false as none of the witnesses cited by the informant have appeared before the concerned court on a single date. The charge has already been framed on 22.05.2024. The applicant and his advocate are cooperating in the proceedings, as such the applicant is entitled for bail.
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 undertake 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. 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 applicants shall also be taken care of as per the aforesaid judgment of the Supreme Court.
9. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Anil Chaube be released forthwith in the aforesaid case crime (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 themselves 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 them 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 applicants 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 below shall have the liberty to cancel the bail.
10. 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 :- 22.1.2025
Sumit S
(Justice Krishan Pahal)
