Court No. - 52
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 18013 of 2021 Applicant :- Ramsajiwan And 4 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Amit Kumar Srivastava,Raj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Amit Kumar Srivastava, learned counsel for the applicants and Sri B.B. Upadhyay, learned counsel for the State and perused the record.
This anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicants-Ramsajiwan, Laxmi, Bajrangi @ Anjni, Rambalak and Jagatpal, seeking anticipatory bail in Case Crime No.115 of 2020, under Sections 419, 420, 467, 468, 471 IPC, Police Station Manikpur, District Chitrakoot.
Learned counsel for the applicants argued that the applicants have been falsely implicated in the present case. It is argued that the present dispute is a purely civil dispute which was raised by the first informant in a suit before the S.D.M concerned and after decision of the same, the same was taken up in a revision before the Commissioner concerned which was dismissed vide judgement and order dated 21.10.2020. The present FIR has been lodged on the basis of an application under Section 156(3) Cr.P.C. levelling the same allegation which were in the said case before the competent civil court. The present case has been lodged just to give a civil dispute a criminal nature. It is further argued that the applicants have no previous criminal antecedents, the said fact is mentioned in para no.22 of the affidavit. The applicant no.1 is aged about 86 years, applicant no.2 is 65 years, applicant no.4 is 71 years and applicant no.5 is 71 years of age which has been averred in para no.16 of the affidavit.
Per contra, learned counsel for the State has opposed the prayer for anticipatory bail and argued that the applicants are named in the FIR and there is an allegation of tempering with and forging the revenue records.
After hearing counsel for the parties and perusing the record, it is apparent that the matter in dispute drew the attention of the competent revenue court which passed the judgement against which revision was filed before the Commissioner which was dismissed.
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 applicants-Ramsajiwan, Laxmi, Bajrangi @ Anjni, Rambalak and Jagatpal, involved in Case Crime No.115 of 2020, under Sections 419, 420, 467, 468, 471 IPC, Police Station Manikpur, District Chitrakoot, they 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 applicants shall make himself available for interrogation by a police office as and when required;
(ii) the applicants 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 them from disclosing such facts to the Court or to any police office;
(iii) the applicants shall not leave India without the previous permission of the Court and if they have 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 applicants.
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 applicants.
The applicants are 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 :- 28.10.2021 Gaurav