Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9084 of 2021 Applicant :- Manoj Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Kumar Vaishya Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for interim anticipatory bail on behalf of the applicants, Manoj Kumar, Mukesh and Rakesh Kumar, in connection with Case Crime No.620 of 2020, under Sections 420, 406, 342, IPC, Police Station Sarai Akil, District Kaushambi.
Heard learned Counsel for the applicants and learned A.G.A. appearing for the State through video conferencing.
The submission of the learned Counsel for the applicants is that FIR giving rise to the present crime, alleges illegal detention of the complainant's truck by the applicants, whereas in the submission of learned counsel for the applicants, the complainant is a transporter, who misappropriated six lakhs worth of rice that was entrusted to them for conveyance to a certain destination, but never delivered. The applicant, in that connection, had lodged an FIR much earlier, giving rise to Case Crime No.340 of 2020, under Section 406 IPC, Police Station Sarai Akil, Kaushambi, against the driver of the truck, detailing the circumstances of misappropriation of the applicant Ram Chandra Kesharwani's goods by the complainant's driver. It is urged that the present crime has been registered in order to exert oblique pressure upon the applicants and to coerce them into an unfair settlement. A settlement has indeed been arrived at between parties, which has been impeached as one under pressure but was freely entered into between parties from which the complainant has now resiled. It is submitted that the applicants are respectable men with no criminal history and there are no chances of the applicants fleeing from justice. The FIR has been lodged to humiliate them. In case the applicants are released on anticipatory bail, they will not misuse the liberty.
Learned A.G.A. has opposed the prayer for bail.
Four weeks time is granted to the learned A.G.A. to file a counter affidavit.
Issue notice to the Superintendent of Police, Kaushambi returnable within the same period of time.
List this application for orders on 14.06.2021.
Considering the submission made by learned counsel for the applicants, the emergent situation and risk due to the COVID- 19 pandemic, the nature and gravity of the accusation and the fact that the applicants have no criminal history, the fact that prima facie the registration of the crime appears to be one arising from a wrong done by the complainant himself, but without expressing any opinion on merit of the case, this Court finds it to be a fit case where interim anticipatory bail ought to be granted.
Meanwhile, in the event of arrest, the applicants Manoj Kumar, Mukesh and Rakesh Kumar, shall be released on interim anticipatory bail in Case Crime No.620 of 2020, under Sections 420, 406, 342, IPC, Police Station Sarai Akil, District Kaushambi, on their furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of Station House Officer of the Police Station/ Court concerned, subject to the following conditions:-
(1) The applicants will not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police office.
(2) The applicants will not leave India with the previous permission of the Court and if they have passports the same shall be deposited by them before the S.S.P./S.P. concerned.
(3) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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 applicants.
The applicants are directed to produce a computer generated copy of this order downloaded from the official website of Allahabad High Court, before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. The concerned authority shall also 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 :- 13.5.2021 NSC