Court No. - 87
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13149 of 2021 Applicant :- Avanish Kumar And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicants and learned A.G.A for State.
The instant anticipatory bail application has been filed with a prayer to grant anticipatory bail to the applicants - Avanish Kumar, Anil Kumar, Brijkishor and Sanjeev Kumar in Case Crime No. 0423 of 2019, under Sections - 420, 467, 468 and 471 I.P.C., Police Station - Karhal, District - Mainpuri.
Prior notice of this bail application was served in the office of Government Advocate as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules, hence this anticipatry 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.
Learned counsel for the applicants contended that the applicants have falsely been implicated in this case. They have no criminal history to their credit. The applicants have definite apprehension that they may be arrested by the police any time.
It has also been contended by learned counsel for the applicants that in the present matter, investigation is going on and no charge-sheet has been submitted till date. The said fact has not been disputed by learned A.G.A.
Learned A.G.A. has opposed the prayer for anticipatory bail of the applicants. He has submitted that in view of the seriousness of the allegations made against the applicants, they are not entitled to grant of anticipatory bail. The apprehension of the applicants are not founded on any material on record. Only on the basis of imaginary fear, anticipatory bail cannot be granted.
Without expressing any opinion on the merits of the case and considering the nature of accusation and their antecedents, the applicants are entitled to be released on anticipatory bail for limited period in this case considering the exceptions considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and in view of the judgment of this Court in CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. -
4002 of 2021(Prateek Jain Vs. State of U.P.)..
In the event of arrest, the applicants shall be released on anticipatory bail till cognizance is taken by the Court on the police report, if any, under section 173 (2) Cr.P.C. before the competent Court on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station/ concerned Court with the following conditions:-
(i) The applicants shall make themselves available for interrogation by the police officer as and when required;
(ii) The applicants 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 from disclosing such facts to the Court or to any police officer;
(iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. concerned.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) 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.
In default of any of the conditions, the Investigating Officer/Govt. Advocate is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
The Investigating Officer is directed to conclude the investigation, if pending, of the present case in accordance with law, expeditiously, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicants.
The applicants are 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, if investigation is in progress, who shall ensure the compliance of present order.
Order Date :- 21.12.2021 gp