Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9064 of 2021 Applicant :- Chandra Pal Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ardhendu Shekhar Sharma,Ram Babu Sharma Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
As per Resolution dated 07.04.2021 of the Committee of this Court for the purpose of taking preventive and remedial measures and for combating the impending threat of Covid-19, this case is being heard by way of virtual mode.
Heard learned counsel for the applicants and learned A.G.A for the State through video conferencing.
The instant anticipatory bail application has been filed with a prayer to grant anticipatory bail to the applicants, Chandra Pal Singh, Rajeev Kumar Sharma and Pooran Chand Sharma, in Case Crime No.3 of 2019, under Sections- 420, 467, 468, 471 I.P.C. & 13(1)(2) of Prevention of Corruption Act, 2018, Police Station- Special Investigation Team, Lucknow relating to the Original Case Crime No.752 of 2018, under Section 420 I.P.C., Police Station- Hathras Gate, District-Hathras.
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.
Learned counsel for the applicants has contended that co- accused persons, Surya Kumar, Brajesh Kumar and Manoj Kumar, have been granted anticipatory bail by this Court on 26.5.2021 in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.7907 of 2021. The case of the applicants stand on identical footing, hence the applicants are also entitled for bail on the ground of parity. The applicants have definite apprehension that they may be arrested by the police any time.
Learned A.G.A. has opposed the prayer for anticipatory bail but does not dispute the claim of parity.
Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant and also the second surge in the cases of novel coronavirus and possibility of further surge of the pandemic, 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 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 :- 27.5.2021 Anil K. Sharma