Court No. - 52
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4145 of 2020 Applicant :- Ranjeet Opposite Party :- State of U.P.
Counsel for Applicant :- Vishal Agarwal,Ashutosh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel appearing for the applicant as well as learned A.G.A. appearing for the State and perused the record.
Despite opportunity having been granted, counter affidavit has not been filed in the matter.
On 24.8.2020, following interim order was passed by the co-ordinate Bench:
"It is urged by the learned counsel for the applicant that the matter is of 2018; however, till today applicant has not been arrested; other co-accused, namely, Anju Katiyar, Controller of Examination, Uttar Pradesh Public Service Commission, and Kaushik Kumar Kar, the owner of alleged press have been enlarged on bail. The only allegation against the applicant is that he is the friend of press owner and had supplied the incriminating documents to a person at Varanasi. No other role has been assigned to the applicant.
Learned A.G.A. prays for and is allowed two weeks' time to file counter affidavit. Applicant will have two weeks thereafter to file rejoinder affidavit.
Put up as fresh on 05.10.2020.
Till then, no coercive action shall be taken against the applicant, provided he cooperates with the investigation. "
Since nothing incriminating material has come against the applicant to recall the order dated 24.8.2020 granting interim protection to the applicant in the anticipatory bail application, therefore, considering the nature of accusation as well as facts and circumstances of the case, the anticipatory bail application is allowed. Applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant Ranjeet involved in Case Crime No. 172 of 2019, under Sections 420, 409, 406, 120-B IPC & 7, 8 and 13 Prevention of Corruption Act, Police Station Cholapur, District Varanasi, he shall be released on bail 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 applicant shall make himself available for interrogation by a police office as and when required;
(ii) 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 office;
(iii) the applicant shall not leave India without 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.
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 applicant.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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 :- 5.4.2021 safi