Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5784 of 2020 Applicant :- Arun Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Joshi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Supplementary affidavit has been filed by learned counsel for the applicant annexing therewith the evidence of depositing Rs. 1,75,000/-.
Notice has already been served on opposite party no. 2, Joher Singh as per the office report dated 27.10.2020 but no one has put in appearance on his behalf.
By the order dated 18.09.2020, following interim order was passed :-
"As an interim measure, it is thereby provided that the applicant shall not be arrested in above-mentioned case crime number till the next date of listing, provided the applicant deposits a sum of Rs.1,75,000/- by means of a bank draft in favour of the informant- Joher Singh before the court below within a period of one month from today. The same shall be invested by court below in an interest bearing account of a Nationalized Bank. The amount so deposited shall be subject to further order of the Court."
In view of the above, interim anticipatory bail granted to the applicant is made absolute.
Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, he is directed to be enlarged 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.
In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant, Arun, involved in Case Crime No. 856 of 2020, under Section- 420, 467, 468, 471 I.P.C., Police Station- Katghar, District- Moradabad, involved in the aforesaid crime be released on anticipatory bail on 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 currency of trial without prior permission from the concerned trial Court.
2. The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.
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 her from disclosing such facts to the Court or to any police officer;
4. The applicant shall file an undertaking to the effect that he shall not seek any 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.
5. 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.
6. 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 his bail and proceed against him in accordance with law.
7. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
8. 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 :- 6.1.2021 KS