Court No. - 90
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9007 of 2021 Applicant :- Amrit Lal Nishad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravitendra Pratap Singh Chandel Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Pathak,J.
Learned counsel for the applicant and learned A.G.A. are present through video conferencing.
The instant anticipatory bail application has been filed on behalf of the applicant-Amrit Lal Nishad with a prayer to release him on bail in Case Crime No. 0077 of 2020, under Sections 3/7 of Essential Commodities Act, 1955, Police Station- Khiri, District- Prayagraj during pendency of trial.
As per FIR version the co-accused Banwari Lal was caught hold by the village Pradhan and other villagers with 12 gunny bags of rice having weight of 60 kg. each. Husband of village pradhan has given information in writing that the seized commodity, belongs to the fair price shop of the present applicant, namely, Amrit Lal and the driver of the Tata Magic, namely, Banwari Lal has absconded from the crime scene. It is submitted by learned counsel for the applicant that the present FIR is pre-mediated, lodged at belated stage on 15.5.2020 with respect to the alleged incident dated 11.5.2020. It is further submitted that on spot Banwari Lal was intercepted by the village Pradhan and other villagers while he was going with Tata Magic loaded with 12 gunny bags of rice. Due to political antipathy with the husband of the village Pradhan, he has falsely been implicated in the forged and fictitious FIR for some ulterior motive. It is further submitted that co-accused Banwari Lal has already been granted anticipatory bail vide order dated 11.11.2020 in Criminal Misc. Anticipatory Bail Application No. 7915 of 2020. In paragraph 5 of the affidavit it is submitted that he has no previous criminal history except the present one.
There are no chances of applicant fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. In case, he is enlarged on bail, he will not misuse liberty of bail. Bar as embodied under Section 438(6) of Cr.P.C. or in any other law/rules is not attracted in the present matter in granting the anticipatory bail. There is an apprehension of arrest of the applicant in the present matter.
Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application by contending that from the face of FIR itself culpability of the present applicant is made out and setting him free during investigation would not be appropriate and cause damage/harm to the prosecution. Innocence of the applicant cannot be adjudicated at pre-trial stage, therefore, he does not deserve any indulgence. Learned A.G.A. has not raised any objection qua criminal history of the present applicant as stated by counsel for the applicant.
Upon hearing learned counsel for the parties, perusal of record on board and considering the nature of accusation and complicity of the accused in totality of the facts and circumstances of the present case, without expressing any opinion on the merits of the case at this stage, and also seeing the present surge in the cases of novel coronavirus and possibility of further surge of the pandemic, I find it appropriate to release the present applicant on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
Accordingly, the present application is allowed. In the event of arrest, the applicant -Amrit Lal Nishad involved in the aforesaid case, shall be released on anticipatory bail till submission of police report under Section 173(2) Cr.P.C., on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
1. The applicant shall not leave the country during the investigation without prior permission from the concerned trial Court.
2. The applicant shall surrender his passports, if any, to the concerned Court/Investigating Officer forthwith. His passports will remain in custody of the concerned Court/Investigating Officer.
3. 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;
4. The applicant shall co-operate with the investigation and make himself available for interrogation by a police officer as and when required. he shall not obstruct or hamper the police investigation and not play mischief with the evidence collected or yet to be collected by the Investigating Officer.
5. The applicant shall file an undertaking to the effect that he shall not seek unnecessary 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 applicant.
6. In case, the applicant misuses the liberty of bail, the 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 and the Government Advocate/informant/complainant can file bail cancellation application.
7. The applicant 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 him in accordance with law.
8. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
9. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 12.5.2021 Manish Tripathi