Court No. - 51
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 16287 of 2021 Applicant :- Harveer Singh Opposite Party :- State Of U.P And Another Counsel for Applicant :- Vivek Dhaka,M.N. Singh,Mahesh Narain Singh Counsel for Opposite Party :- G.A.,Sanjay Kumar Yadav
Hon'ble Om Prakash-VII,J.
Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Harveer Singh in Special Case No. 03 of 2021, arising out of F.I.R. R.C. No. 2202018E0013 of 2018, under Sections 120-B, 420, 468, 471 I.P.C. and 13(2) r/w 13(1)(d) Prevention of Corruption Act, Police Station - C.B.I., E.O.I. IV/ EO-II, New Delhi, Ghaziabad.
Heard Shri Mahesh Narain Singh, learned counsel for the applicant, Shri Gyan Prakash, learned Senior Counsel assisted by Shri S.K.Yadav, learned counsel for the C.B.I. as well as the learned AGA and perused the material available on record.
It is submitted by the learned counsel for the applicant that the applicant is innocent and has no concern with the present matter. Allegations levelled against the applicant are false. Applicant was not arrested during investigation. No active role has been assigned to the applicant. he has cooperated with the investigating agency during investigation. Though charge sheet has been submitted in the matter yet main accused, namely, Bharat Kalra and Deepak Chauhan have been allowed on anticipatory bail through CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. Nos. 8893 of 2021 15163 of 2021, on 27.8.2021 and 3.9.2021 respectively. Role assigned to the present applicant is not distinguishable with the role of co-accused already released on anticipatory bail. There is no chance of fleeing away the applicant. The applicant has no criminal antecedents. Applicant's case is squarely covered under Section 438 Cr.P.C. If the applicant is enlarged on bail, he will not misuse the liberty. The applicant has apprehension of his arrest by the police any time.
On the other hand, learned Senior Counsel appearing for C.B.I. as well as the learned AGA submitted that in this matter charge sheet has been submitted. Though process of bailable and non-bailable warrant have also been issued against the applicant, yet he did not surrender before the Court concerned. He is avoiding to participate in the proceeding. In support of his submissions, learned Senior Counsel placed reliance on the decision of the Apex Court in Lavesh vs. State (NCT of Delhi), (2012) 8 SCC 730 and further submitted that applicant cannot be be allowed on anticipatory bail solely on the ground of bail orders passed in respect of the co-accused.
I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record including the case law relied upon by the learned Senior Counsel appearing for the C.B.I. carefully.
Matter requires consideration.
Counter affidavit may be filed within four weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
Having regard to the facts and circumstances of the case and keeping the order passed in respect of co-accused and also the fact that the applicant was not arrested during investigation, as an interim protection, it is provided that till the next date fixed for final hearing on this application, the applicant is granted anticipatory bail in the aforesaid case crime number. In the event of arrest of the applicant, he shall be released on anticipatory bail on his furnishing a personal bond of Rupees Five Lakhs with two sureties each in the like amount to the satisfaction of Court concerned with the following conditions:-
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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.
6. The applicant shall not leave India 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.
In case of default of any of the conditions, appropriate application for cancellation of interim protection granted to the applicant may be moved.
List this case on 23.11.2021 before the appropriate Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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 :- 30.9.2021 safi