Court No. - 75
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 16885 of 2021
Applicant :- Dinesh Kumar
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Nand Kishor Mishra,Shilpa Ahuja
Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over anticipatory bail application, under Section 438 Cr.P.C., moved by the applicant- Dinesh Kumar, in Case Crime No. 153 of 2021, under Sections-379, 411, I.P.C. and Section 4/21 of Mines and Minerals (Development and Regulation) Act, 1957 and Section 3/5 of Prevention of Public Property Damage Act, 1984, Police Station-Kabrai, District- Mahoba.
Learned counsel for the applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number, whereas, he is a valid authorized person having EMM-11 in his favour and the same has been filed at page no. 9 of supplementary affidavit; under like circumstances, co-accused Pradeep Kumar, in Criminal Misc. Anticipatory Bail Application No. 16884 of 2021 and Gyanendra Singh, in Criminal Misc. Anticipatory Bail application No. 16882 of 2021, have been granted anticipatory bail, by coordinate Benches of this Court; there is apprehension of arrest of the applicant by police, hence anticipatory bail application moved before the Sessions Court, where it was rejected summarily; hence this anticipatory bail application with above prayer.
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 A.G.A. has vehemently opposed.
Having heard and gone through material placed on record it is apparent that First Infomration Report was got lodged by Shri Shailendra Singh, Mining Officer, against driver as well as owner of the vehicle with accusation of illegal mining and carrying sand and stone, against the Government License and caused damage to the public property; applicant was shown to be owner of Vehicle No. U.P. 95 T-3246, whereas, the applicant has denied the accusation and has filed license and papers as EMM-11 at page 9 of the supplementary affidavit; matter is under investigation, hence, without expressing any opinion on the merits of the case, and considering the law laid down by the Hon'ble Apex Court in the Case of Sushila Aggarwal Vs. State (NCT of Delhi) 2020 SCC Online SC 98, ground for grant of anticipatory bail is made out.
In case of arrest, the applicant, Dinesh Kumar, is directed to be enlarged on anticipatory bail in above case crime number, till the submission of police report, if any, under Section 173(2) Cr.P.C. before the competent court on his furnishing personal bond of Rs. 50,000/- and two sureties each of like amount to the satisfaction of Station House Officer of police station/ court concerned with the following conditions:-
(i) The applicant shall make himself available for interrogation by the police officer as and when required, if investigation is in progress;
(ii) 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 such person from disclosing such facts to the Court or to any police officer;
(iii) The applicant shall not leave the country without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned/Court concerned;
In default of any of the conditions, the Investigating Officer/Government Advocate is at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicant.
The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order.
A copy of this order shall also be produced before the S.P/S.S.P concerned by the applicant, within a week, if the investigation is still in progress, who shall ensure compliance of this order.
This anticipatory bail application is finally disposed off.
Order Date :- 24.12.2021 Deepak/