Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9105 of 2021 Applicant :- Rajneesh Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shriprakash Mishra Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for anticipatory bail on behalf of the applicant, Rajneesh Tiwari in connection with Case Crime No. 1005 of 2020 under Sections 379, 120B IPC and section 4 and 21 of the Mines and Minerals (Development and Regulation) Act, 1957 Police Station Kotwali Nagar, District Banda.
Heard learned Counsel for the applicant and learned A.G.A. appearing for the State through video conferencing.
Learned counsel for the applicant submits that he has been implicated in the present case without any basis. The allegation of theft is unfounded. It is argued that the applicant is the owner of the truck, who has a valid transit pass. The case has been registered against the applicant on account of extraneous considerations in order to humiliate him. The allegation in paragraph no. 13 of the affidavit is that during a checking, the Commercial Tax Officer demanded bribe, which the applicant did not yield to, leading to this implication. It is argued that it is not a case which requires custodial interrogation. It is pointed out that the applicant has no criminal history or antecedents, and in case the applicant is arrested, his credit and good name in the society would be irreparably damaged. The applicant apprehends arrest in the present crime. It is further submitted that co-accused, Pradeep Yadav and five others have been admitted to anticipatory bail absolute in the present crime vide order dated 23.02.2021 passed in Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. No. 3742 of 2021 entitling the applicant to anticipatory bail on the foot of parity.
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, Banda 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 criminal history, the fact that the other co-accused similarly circumstanced in the present crime have already been granted the privilege of the anticipatory bail, 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 Rajneesh Tiwari in connection with Case Crime No. 1005 of 2020 under Sections 379, 120B IPC and section 4 and 21 of the Mines and Minerals (Development and Regulation) Act, 1957 Police Station Kotwali Nagar, District Banda 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