1. Heard Sri Upendra Nath Mishra, learned Senior Advocate assisted by Sri Vijay Vikram Singh for the applicant as well as learned A.G.A. for the State-respondents.
2. The accused-applicant has moved instant application for grant of anticipatory bail in case crime No.370/2019, under Sections- 419, 420, 467, 468, 471 of IPC and Section 60 and 72 of U.P. Excise Act relating to police station Ishanagar, District Lakhimpur Kheri.
3. It has been submitted on behalf of the applicant that the police conducted a raid wherein 6400 kilograms of Bhang was seized from the truck and five persons from the spot were arrested. One of the persons i.e. Ram Singh, who was arrested on the spot, during investigation stated that certain documents were given to him by the applicant and on the basis of the said documents, the said goods were being transported from Lakhimpur Kheri to Khandva, Madhya Pradesh. The documents which were handed over to the police were fabricated. It has been submitted on behalf of the applicant that it is improbable that the applicant is the author of the said documents in as much as he does not stand to be benefited by it even if the version of the prosecution is believed to be true. He submits that he was doing this business till 2018 but thereafter he discontinued this business. It is further submitted that the applicant does not have any concern with preparation of the papers with regard to the substance which has been seized by the police. It is further submitted that the papers which is alleged to have been manufactured by the applicant are not in the name of the applicant and, therefore, there is no material to link transported goods to the applicant.
4. Learned A.G.A. has opposed the bail application and submitted that during investigation the persons arrested on the spot have clearly stated that the applicant has complicity in the said incident.
5. However, a perusal of the entire material in the F.I.R. as well as during investigation which has been placed before this Court does not indicate any complicity of the accused at this stage. It is further submitted that charge sheet with regard to the applicant has not been filed gives rise to the situation that some more material may be brought forth during investigation which may implicate the applicant.
6.After considering the rival submissions, this Court finds that there is a case registered /about to be registered against the applicant. It cannot be definitely said when the police may apprehend him. After lodging of F.I.R. the arrest can be made by the police at will. The courts have repeatedly held that arrest should be the last option for the police and it should be restricted to those exceptional cases where arresting the accused is imperative or his custodial interrogation is required. Irrational and indiscriminate arrests are gross violation of human rights. In the case of Joginder Kumar v. State of Uttar Pradesh, AIR 1994 SC 1349, the Apex Court has referred to the third report of National Police Commission wherein it is mentioned that arrests by the police in India is one of the chief sources of corruption in the police. The report suggested that, by and large, nearly 60 percent of the arrests were either unnecessary or unjustified and that such unjustified police action accounted for 43.2 percent of expenditure of the jails. Personal liberty is a very precious fundamental rights and it should be curtailed only when it becomes imperative. According to the peculiar facts and circumstances of the peculiar case the arrest of an accused should be made.
7. Hence, without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, the applicant may be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98. The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
8. The Court has considered the rival submissions and looking into the circumstances as well as annexures which have been annexed with the application for anticipatory bail, this Court finds it a fit case to allow the present anticipatory bail application.
9.The anticipatory bail application is allowed.
10. This Court directs that in the event of arrest, the accused-applicant, namely, Vijay Kumar Chaudhary, involved in case crime No.370/2019, under Sections- 419, 420, 467, 468, 471 of IPC and Section 60 and 72 of U.P. Excise Act relating to police station Ishanagar, District Lakhimpur Kheri, shall forthwith be released on bail till filing of charge sheet on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Arresting officer/Investigating Officer/ S.H.O. concerned on the following conditions:-
(i) That the accused-applicant shall make himself available for interrogation by police authorities as and when required and will cooperate with the investigation;
(ii) That the accused-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 officer; and
(iii) That the accused-applicant shall not leave India without the previous permission of the Court.
10. The papers regarding bail submitted to the police officer on behalf of the accused/applicants shall form part of the case diary and would be submitted to the court concerned along with same at the time of submission of report under Section 173(2) Cr.P.C.
11. Under Part-III, Chapter- XVIII, Rule-18[3(a)] of the Allahabad High Court Rules, 1952 (amended), a copy of the bail application along with its enclosures be provided to the learned A.G.A. by learned counsel for applicants, within two days from today, without fail.
12. In case there is breach of any of the above conditions or in case it is otherwise found for any other reason the bail is required to be cancelled, it shall be open for the State or the appropriate authority to move application for cancellation of bail in accordance with law.
Order Date :- 19.2.2021 RKM.