Court No. - 52
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 17914 of 2021 Applicant :- Jitendra Pratap Chand Opposite Party :- State of U.P. and Another Counsel for Applicant :- B.K.Singh Raghuvanshi,Manoj Kumar Singh Vats Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri B.K. Singh Raghuvanshi, learned counsel for the applicant and Sri Ankit Srivastav, learned counsel for the State and perused the record.
This anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant-Jitendra Pratap Chand, seeking anticipatory bail in Case Crime No.0067 of 2021, under Section 415, 418, 420, 469 IPC and 3/7 Essential Commodities Act, Police Station Belipar, District Gorakhpur.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the applicant is the owner of Tanker No.U.P. 53 F.T.1274 and there is an allegation that he is involved in the transportation and supply of fake diesel. It is argued that the applicant was not present at the place of occurrence and only because his tanker is associated with certain Companies in transportation of petroleum products, he has been falsely implicated with malafide intentions. There is no evidence whatsoever that it was the applicant who was in the knowledge of the fact that fake diesel is loaded in the tanker and the same was being supplied. There is no allegation that the applicant was even previously involved in any case like this. It is further argued that the applicant has no previous criminal antecedents, the said fact is mentioned in para no.8 of the affidavit.
Per contra, learned counsel for the State has opposed the prayer for anticipatory bail and argued that the applicant is named and his tanker was found parked in a closed petrol pump with fake diesel.
After hearing counsel for the parties and perusing the record, it is evident that applicant has no criminal history and he was not present on the spot.
Without expressing any opinion on the merits of the case, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant-Jitendra Pratap Chand, involved in Case Crime No.0067 of 2021, under Section 415, 418, 420, 469 IPC and 3/7 Essential Commodities Act, Police Station Belipar, District Gorakhpur, he shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on his furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicant shall make himself available for interrogation by a police office 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 him from disclosing such facts to the Court or to any police office;
(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.
In default of any of the conditions, the Investigating Officer 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 of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudice by any observation 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 before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant(s) along with a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.
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.
(Samit Gopal, J.) Order Date :- 25.10.2021 Gaurav