Court No. - 90
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9013 of 2021 Applicant :- Raja Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sayyed Kashif Abbas Rizvi Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Pathak,J.
Learned counsel for the applicant and learned A.G.A. are present through video conferencing.
The instant anticipatory bail application has been filed on behalf of the applicant-Raja with a prayer to release him on bail in Case Crime No. 273 of 2018, under Sections 420, 323, 504, 506, 147 IPC, Police Station- Majhola, District- Moradabad during pendency of trial.
As per F.I.R. version, the accused persons, as mentioned in the F.I.R., have illegally got the registered sale deed dated 15.1.2018 executed in their favour with respect of plot in question which basically belongs to the first informant. On the date of incident dated 13.3.2018 all the five accused, as mentioned in the F.I.R., entered the land in question with intention of illegal encroachment and thrashed the applicant and his family members through stick and iron road. It is submitted by learned counsel for the applicant that in the FIR the applicant is not named but at subsequent stage the first informant had deliberately taken the name of the present applicant in his statement under Section 161 Cr.P.C. In fact there is some monetary dispute between the first informant and the present applicant and just to avoid to owe financial liability, the first informant has taken the name of the applicant and falsely implicated him.
It is further submitted that in his statement under Section 161 Cr.P.C. the applicant himself has stated that there is a dispute of rupees five lac between the parties. It is further submitted that with respect to money transaction, took place between the applicant and the first informant, the present applicant has moved application dated 11.4.2018 under Section 156 (3) Cr.P.C. for lodging the F.I.R. against the first informant and his accomplice. After coming to know about the aforesaid application under Section 156 (3) Cr.P.C. the first informant has taken the name of the present applicant in his statement under Section 161 Cr.P.C., which is evident from the computerized case diry date 14.5.2018 (Annexure No.2). It is further submitted that there is no criminal history of the present applicant and the previous antecedent of the applicant is through out good.
Learned counsel for the applicant has further submitted that there is no chance of applicant fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. In case, he is enlarged on bail, he will not misuse liberty of bail. Bar as embodied under Section 438(6) of Cr.P.C. or in any other law/rules is not attracted in the present matter in granting the anticipatory bail. There is an apprehension of arrest of the applicant in the present matter.
It is further submitted the Investigating Officer has already submitted charge sheet in the present matter.
Matter requires consideration.
Learned A.G.A. seeks two weeks' time to file counter affidavit.
One week thereafter is granted to the learned counsel for the applicant to file rejoinder affidavit.
List on 7th June, 2021.
As an interim protection, till the next date fixed, in case the applicant Raja is arrested in the aforesaid matter, he may be released on bail in Case Crime No. 273 of 2018, under Sections 420, 323, 504, 506, 147 IPC, Police Station- Majhola, District- Moradabad on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
1. The applicant shall not leave the country during the investigation without prior permission from the concerned trial Court.
2. The applicant shall surrender his passports, if any, to the concerned Court/Investigating Officer forthwith. His passports will remain in custody of the concerned Court/Investigating Officer.
3. That 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;
4. The applicant shall co-operate with the investigation and make himself available for interrogation by a police officer as and when required. he shall not obstruct or hamper the police investigation and not play mischief with the evidence collected or yet to be collected by the Investigating Officer.
5. The applicant shall file an undertaking to the effect that he shall not seek unnecessary adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
6. In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and the Government Advocate/informant/complainant can file bail cancellation application.
7. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against him in accordance with law.
8. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
9. 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 :- 12.5.2021 Manish Tripathi