Court No. - 65
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19885 of 2021 Applicant :- Amit Kumar Khare Opposite Party :- State of U.P.
Counsel for Applicant :- Gopal Khare,Zafar Abbas Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Zafar Abbas, along with Mr. Gopal Ji Khare, learned counsel for applicant and learned A.G.A. for State.
This application for anticipatory bail has been filed by applicant Amit Kumar Khare in connection with Case Crime No. 0219 of 2021, under sections 419, 420, 467, 468, 471 IPC, P.S.-
Charkhari, District Mahoba.
Record shows that an F.I.R. dated 2.9.2021 was lodged by first informant Prashant Kumar, Block Development Officer, Charkhari which was registered as Case Crime No. 0219 of 2021, under sections 419, 420, 467, 468, 471 IPC, P.S.-
Charkhari, District Mahoba. In the aforesaid F.I.R five persons namely, Amit Kumar Khare, Ansamteen, Raju Rajpoot, Bhanu Pratap and Ramgopal have been nominated as named accused.
In brief as per the prosecution story as unfolded in F.I.R. it is alleged that named accused have misappropriated public money by committing fraud and forgery.
Learned counsel for applicant contends that co-accused Raju Rajput filed his anticipatory bail before this Court and same was registered as Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 17117 of 2021 (Raju Rajput Vs. State of U.P. and Another) wherein following order was passed:
"(1) Heard learned counsel for the applicant and learned A.G.A and perused the record.
(2) The instant application is being moved by the applicant namely Raju Rajput invoking the powers of Section 438 Cr.P.C. that he has every reason to believe that he may be arrested on the accusation of having committed a non-bailable offence in connection with Case Crime no.0219 of 2021, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station- Charkhari, District-Mahoba.
(3) From the record, it is evident that the applicant has approached this Court after getting his anticipatory bail rejected from the court of sessions vide order dated 13.09.2021.
(4) Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A. as per Section 438(3) Cr.P.C. (U.P. Amendment) is not required.
(5) It has been contended by the learned counsel for the applicant that the applicant has got no criminal antecedents and he has not undergone any imprisonment after conviction by any court of law in relation to any cognizable offence previously. An assurance was also advanced by learned counsel for the applicant on behalf of the applicant that he would render all requisite co-operation and assistance in the process of law and with the investigating agency and shall not create any hindrance to reach to its logical conclusion and shall not flee away from the course of justice.
(6) Learned counsel for the applicant has strenuously argued that the applicant has been made target just to besmirch his reputation and belittle him in the public estimate by the informant. Number of arguments were advanced by learned counsel for the applicant to demonstrate the falsity of the accusation made in the FIR against the applicant by the informant. Learned counsel for the applicant has also relied upon the judgements in the cases of Arnesh Kumar vs State of Bihar and another, (2014) 8 SCC 273; Joginder Kumar vs State of U.P. and others (1994) 4 SCC 260 and Sanaul Haque vs State of U.P. and another, 2008 Cri. LJ 1998, to buttress his contentions.
(7) In this backdrop of legal as well as factual proposition, learned counsel for the applicant has submitted that the applicant is the ex- pradhan of the village having no role in the allotment of the residential quarter to economically weaker sections of the group provided under the Pradhan Mantri Awas Yojna. It is the responsibility of the co-accused Gram Pradhan Sachiv and Sachiv, Vikas Khand. Keeping in view the nature of allegation, the applicant apprehends his arrest. The applicant is ready to cooperate in the investigation provided the interest of the applicant is protected.
(8) Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application by mentioning that though the applicant has got no criminal antecedents but there is nothing on record to satisfy that the police personnel are after the applicant to arrest him. The alleged apprehension on behalf of applicant is imaginary and unfounded one. Learned A.G.A. has also submitted that in view of the seriousness of the allegations made in the F.I.R., the applicant is not entitled for any relaxation from this Court.
(9) After the close scrutiny of Section 438 Cr.P.C.(U.P. Act No.4 of 2019) and its relevant clauses, the Court is satisfied that the applicant has made out the case for interim order protecting the liberty of applicant in connection with aforesaid case crime pending investigation.
(10) Without expressing any opinion upon ultimate merits of the case either ways which may be adversely affect the investigation and subsequent stage of the case, the Court directs that in the event of arrest of the applicant in aforesaid case crime, he shall be released on bail on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Arresting Officer till the submission of report under section 173(2) Cr.P.C. by the investigating officer with the conditions that :
(i) The applicant shall make himself available for the interrogation by the police as and when required. The Investigating Officer of the case would give 48 hours prior notice or telephonically inform the concerned accused-applicant to remain available to him for the purposes of interrogation and the accused-applicant is obliged to abide by such directions.
(ii) The applicant shall not directly or indirectly make any inducement, threats or comments to any person acquainted with the facts of the case so as to dissuade him from disclosing the correct facts to the court or to the police officer.
(iii) The Investigating Officer of the case would make all necessary endeavour to gear up the investigation in utmost transparent and professional way and would try to conclude the same within a maximum period of 90 days. During this period the accused-applicant would not leave the State of Uttar Pradesh without informing the Investigating Officer of the case and sharing his contact number.
(iv) In the event the applicant is having his passport, he will have to surrender the same before the concerned SP/SSP of the District till the submission of report u/s 173(2) Cr.P.C.
(11) In the event, the applicant breaches or attempts to breach any of the aforesaid conditions or wilfully violate above conditions or abstains himself from the investigation, it would be open for the Investigating Officer or the concerned authority to apply before the court of Session for cancellation of interim protection and the Court of Session has every liberty and freedom to revoke the anticipatory bail after recording the reasons for the same.
(12) While entertaining the instant anticipatory bail application before this Court, there is no concrete material on record except the canvassed apprehension of the applicant on his arrest and the severity of accusation made in the FIR against him. After being satisfied on the limited material, the interest/liberty of the applicant is protected by this Court with aforesaid riders during the course of investigation, after recording its nascent satisfaction. However, continuance of instant interim protection or ultimate fate of instant application would be decided, subject to the counter affidavit filed by learned A.G.A. and the material brought on record against the applicant during the investigation.
(13) Learned A.G.A. should file counter affidavit soon after submission of report under section 173(2) Cr.P.C. or 90 days, whichever is earlier.
(14) Life of the instant protection would continue till the submission of charge sheet or 90 days, whichever is earlier.
(15) List this anticipatory bail application after two months before appropriate Court. "
Learned counsel for applicant thus contends that present application for anticipatory bail be heard alongwith aforesaid application for anticipatory bail.
In view of above, connect Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 17117 of 2021 (Raju Rajput Vs. State of U.P. and Another) along with present application.
Notice on behalf of opposite party no.1 has been accepted by learned A.G.A. He prays for and is granted four weeks time to file counter affidavit. Applicant will have two weeks thereafter to file rejoinder affidavit.
List thereafter with the connected matter.
As present application is to be heard along with pending application for anticipatory bail filed by co-accused, as an interim measure, it is hereby provided that until further orders of this Court, applicant shall not be arrested in Case Crime No. 0219 of 2021, under sections 419, 420, 467, 468, 471 IPC, P.S.-
Charkhari, District Mahoba. However, he shall co-operate with investigation.
Order Date :- 21.12.2021 Arshad