As per Resolution dated 07.04.2021 of the Committee of this Court for the purpose of taking preventive and remedial measures and for combating the impending threat of Covid-19, this case is being heard by way of virtual mode.
Order on Criminal Misc. Exemption Application This exemption application is allowed.
Order on Criminal Misc. Anticipatory Bail Application Heard learned counsel for the applicant and learned A.G.A. for the State.
The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicants, namely, Sanjeet Tiwari, Ramesh Chandra Shukla, Ajay Kumar Singh and Arvind Kumar Pandey, in Case Crime No. 539 of 2018, under Sections 467, 468, 419, 420, 406, 409, 471, 120-B, 34 I.P.C, Police Station - Sigra, District - Varanasi.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A. as per Section 438 (3) Cr.P.C. (U. P. Amendment) is not required.
Learned counsel for the applicants has contended that the co-accused, Rajat Kumar Maurya and another, have been granted anticipatory bail by this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.2216 of 2020. The case of the applicants stand on identical footing, hence the applicants are also entitled for anticipatory bail on the ground of parity. The applicants have definite apprehension that they may be arrested by the police any time.
Learned AGA has opposed the prayer for anticipatory bail of the applicants, but does not dispute the claim of parity.
Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicant is entitled to be released on anticipatory bail for limited period in this case considering the exceptions considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and order dated 22.05.2020 passed by this Court in Criminal Misc. Anticipatory Bail Application No.2609 of 2020.
In the event of arrest of the applicants 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 furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station / concerned court 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 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 party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) 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.
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, independently without being prejudiced by any observations 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 downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
Order Date :- 25.5.2021 SS