Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This is an application for the anticipatory bail given by the applicant Ashwani Kumar Gupta in Case Crime No. 64 of 2021, under Sections 419, 420, 467, 468, 471 I.P.C., P.S.-Kotwali Khalilabad, District - Sant Kabir Nagar.
A F.I.R. was lodged on an application of informant given under section 156(3) Cr.P.C. on 29.01.2021 in which the applicant and co-accused persons are named and the allegation is that the applicant being Chairman of Nagar Panchayat entered into a criminal conspiracy and in order to grab the property of the informant permitted the name of Meetha Devi be entered in the house tax register.
The submission of the learned counsel for the appellant is that the accused applicant applied two procedure, gave notice to the affected party and on the basis of report submitted by Tax Moharir, he passed the order allowing the application of Smt. Meetha Devi to register her name against the said house in the house tax register. Submission is that no forgery was committed by the applicant and he did it in his official capacity and passed an order which was provided under law. The said order was passed in an open proceeding and the procedure for the same was adopted, by the order the aggrieved party has empty right to seek further legal remedy and other have been falsely implicated and it is a fit case for anticipatory bail. It is further submitted that applicant has no criminal history and applicant is prepared to furnish sureties and bonds, there is no possibility of his either fleeing away from the judicial process or tampering with the evidence, therefore, applicant is entitled for grant of anticipatory bail.
Learned A.G.A. has vehemently opposed the prayer of bail and has submitted that as per F.I.R. the applicant conspired with the other accused persons and permitted the name of co-accused to be entered in the house register.
Considered the submission made by learned counsel of both the sides. There appears to be an order which is being disputed and was passed by the applicant in his capacity as Chairman of Nagar Panchayat to which he was legally authorized, as such there appears to be a case of false implication with motive to involve the applicant in a criminal case, as such, I find it to be a fit case in which anticipatory bail may be granted to the applicant. Hence the anticipatory bail application is allowed till the filing of the charge-sheet. Thereafter, if the charge-sheet is filed the applicant may try for regular bail before the appropriate forum.
In the event of arrest of the applicant Ashwani Kumar Gupta involved in the aforesaid case shall be released on anticipatory bail on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer /C.J.M./ Court of the police station concerned with the following conditions:-
1)The applicant shall make themselves available for interrogation by a police officer as and when required;
2)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 or tamper with the evidence;
3)The applicant shall not leave India without the previous permission of the court;
4)In default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
5. In case of filing of charge-sheet they shall appear before the court concerned for suitable orders according to section 438(3) Cr.P.C. and other condition which may be imposed by the Magistrate or the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad and 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.
The applicant is directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today.
Accordingly the anticipatory bail application is finally disposed off.
Order Date :- 17.8.2021 Bhanu