Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8428 of 2021 Applicant :- Sadhan Sahkai Samiti Dehari And 6 Others Opposite Party :- State Of U.P. And 2 Other Counsel for Applicant :- M.S. Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicants and learned A.G.A. appearing for the State.
This application under Section 438 Cr.P.C. has been moved by accused applicants, Santosh Kumar Gupta, Ramji Singh, Kamlesh Singh, Harendra Yadav, Lallan Pal, Shivadhar, Ram Prasad in Case Crime No. 56A of 2006, under Sections 409, 419, 420, 467, 468, 471, 201, 218, 120-B/34 I.P.C., P.S. Rasra, District Ballia.
Learned counsel for the applicants argued that the applicants are innocent; they have been falsely implicated in this very case crime number; general allegation has been leveled against them, wherein, first information report was lodged against many accused persons including applicants in the year 2006; the investigation is still pending; no police report has yet been submitted before the court; applicants are harassed by the police; many of the accused persons, in this very case crime number, have approached this Court, wherein, protection has been granted to them; there is every likelihood of their arrest in above case crime number and hence anticipatory bail with above prayer has been made.
Notice of this anticipatory bail application was served in the office of Government advocate and even after filing of this anticipatory bail application, opportunity was given and counter affidavit has been filed by learned AGA.
It has been admitted that notice of this accusation was given to the applicant for first time in month of February, 2021, then after, they came to know about this occurrence.
Learned learned A.G.A. opposed the prayer for anticipatory bail with this contention that seriousness of the allegation made against the applicants, are related to public distribution system; no apprehensions of the applicants are there, hence, no ground for granting of anticipatory bail, is there.
Having heard and considered rival submissions, it is apparent that there is a case registered against the applicants and it has been said that applicant may be apprehended at any point of time; other co-accused has been granted relief, in this very case crime number, by this Court, hence, there appears to be a ground for anticipatory bail. Hence, without expressing any opinion on the merit of the case and looking to the nature and gravity of accusation, no criminal antecedent of applicants, possibility of applicants' to flee from course of justice and the law laid down by Hon'ble Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC Online SC 98, a case for grant of anticipatory bail till filing of police report under Section 173(2) is made out.
In the event of arrest of the applicants, Santosh Kumar Gupta, Ramji Singh, Kamlesh Singh, Harendra Yadav, Lallan Pal, Shivadhar, Ram Prasad, involved in above Case Crime Number, shall be released on bail till the submission of police report if any under section 173 (2) Cr.P.C. before the competent Court on their furnishing a personal bond of Rs. 30,000/- 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 themselves 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 him 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 them before the S.S.P./S.P. concerned.
(iv) The applicants shall not tamper with the evidence.
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 certified 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 applicant.
The applicants are directed to produce a certified 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.
Order Date :- 25.10.2021 Dhirendra/