Court No. - 36
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9202 of 2021 Applicant :- Jagveer Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chhavi Kant Vashistha,Mahesh Kumar Kuntal Counsel for Opposite Party :- G.A.
Hon'ble Mahesh Chandra Tripathi,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 applicant and learned A.G.A for State through video conferencing.
The instant anticipatory bail application has been filed with a prayer to grant an anticipatory bail to the applicant, Jagveer Singh, in Case Crime No.142 of 1998, under Section-408 I.P.C., Police Station- Chhata, District-Mathura.
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.
Counsel for the applicant submit that there is grave apprehension to the life of the applicant, in case he is directed to surrender before Court below for the purpose of grant of regular bail, on account of the threat to his life posed by second wave of Corona Virus. Applicant may be protected till the wave subsides and the normalcy returns in society and Courts both. The applicant cannot get any document from the Court below at present on account of closure and irregular functioning of court below and the applicant would get arrested if the matter is postponed to future date.
Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant. He has submitted that in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail. The applicant is a proclaimed offender and the proceeding under Section 82 and 83 Cr.P.C. has been initiated against him. The apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear, anticipatory bail cannot be granted.
In the facts and circumstanced of the case and keeping in view the judgment of this Court in Criminal Misc. Anticipatory Bail Application No. 4002 of 2021, Prateek Jain vs. State of U.P., dated 10.05.2021, in case of arrest of applicant, he shall be enlarged on anticipatory bail till the next date listing 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 applicant shall make himself available for interrogation by the police officer as and when required;
(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 from disclosing such facts to the Court or to any police officer;
(iii) 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.
(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 applicant.
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 applicant.
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, if investigation is in progress, who shall ensure the compliance of present order.
List this matter in the second week of September 2021. Meanwhile, the parties may exchange their affidavits.
Order Date :- 17.5.2021 A. Pandey