Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9099 of 2021 Applicant :- More Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sarvajeet Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for anticipatory bail on behalf of the applicant, More Singh in connection with Case Crime No. 0060 of 2021 under Sections 420, 506 IPC, Police Station Sahaswan, District Budaun.
Heard learned Counsel for the applicant and learned A.G.A. appearing for the State through video conferencing.
It is submitted by the learned counsel for the applicant that the dispute is essentially civil in nature, where the applicant and the complainant are co-sharers. The allegation is that the applicant has sold in excess of his share, whereas the applicant, according to the learned counsel for the applicant, has sold the land within the extent of his right and title. It is also urged that the FIR has been brought in order to humiliate and harass him. It is pointed out that the applicant is a respectable man. It is pointed out by the learned AGA that though the applicant says that he has no criminal history but he has one old history of one case being Case Crime No. 351 of 1996 under Sections 143, 427 and 506 IPC P.S. Ujhani, District Budaun to which the learned counsel for the applicant says that the same is quite old irrelevant now. It is next urged that the applicant apprehends arrest in the present crime, whereas there is no possibility of the applicant fleeing from justice. It is also urged that the applicant is a respectable man.
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 Senior Superintendent of Police, Budaun, returnable on 14.06.2021.
List this application for orders on 14.06.2021 before the appropriate Bench.
Considering the submissions made by the learned counsel for the applicant, the emergent situation due to COVID-19 pandemic, the nature and gravity of the accusation, the fact that the applicant has no effective criminal history, the fact that the dispute is essentially civil in nature, arising from an allegation which requires to be determined by a Court of competent jurisdiction on the Civil/Revenue side, but without expressing any opinion on merit of the case, this Court finds it to be a fit case for interim anticipatory bail.
Meanwhile, in the event of arrest, the applicant More Singh shall be released on interim anticipatory bail in connection with Case Crime No.0060 of 2021 under Sections 420, 506 IPC, Police Station Sahaswan, District Budaun, on his 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 applicant 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 him from disclosing such facts to the Court or to any police office.
(2) The applicant will not leave India with 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.
(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 Deepak