Court No. - 64
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10908 of 2021 Applicant :- Yashu Jain @ Yash Jain Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Balbeer Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Balbeer Singh learned counsel for the applicant, Sri Baleshwar Chaturvedi learned counsel for the Corporation and Sri Vikas Goswami learned A.G.A. for the State.
2. Vide order dated 15.6.2021, the applicant has been granted interim anticipatory bail. The said order is quoted below :-
"Heard learned counsel for the applicant and learned Additional Government Advocate for the State and perused the records.
The reasons given for approaching the High Court directly are to the satisfaction of the Court.
The applicant is seeking anticipatory bail in connection with Case Crime No.- 4382 of 2020, under Section 135 of the Indian Electricity (Amendment) Act 2003, Police Station - Anti Power Theft Agra, District- Agra.
It has been informed by the learned AGA that the charge sheet has been submitted by the Police on 12.04.2021. Sri Baleshwar Chaturvedi, Advocate appearing for the Electricity Board has submitted that if the petitioner so desires he can get the offence compounded as the offence under Section 135 of the Indian Electricity (Amendment) Act 2003 is compoundable.
Under such circumstances, if the applicant makes an application for compounding the offence within a period of one month then the authority may pass suitable orders within a period of two months.
Place this petition as fresh on 20.09.2021.
Till the next date of listing, it is provided that no coercive measures shall be taken against the applicant in the aforesaid case provided: (a) applicant has already not been arrested; and (b) applicant continues to co-operate with the Investigating Officer by presenting himself before him as and when he requires him for the purpose of investigation."
3. Learned counsel for the applicant submits that the real dispute between the parties is purely civil; with respect to the same upon directions issued by the Writ Court in Writ-C No. 13650 of 2021 vide order dated 27.7.2021, the matter is pending consideration before the authorities of the Corporation.
4. While instructions may have been received by learned AGA, no adverse fact has been brought to the knowledge of the Court.
5. In view of the above, and keeping in mind the nature of the offence alleged, in the event of arrest of the applicant - Yashu Jain @ Yash Jain, involved in Case Crime No.- 4382 of 2020, under Section 135 of the Indian Electricity (Amendment) Act 2003, Police Station - Anti Power Theft Agra, District- Agra, he shall be released on anticipatory bail in terms of the order dated 15.6.2021.
6. Present application stands disposed of. Order Date :- 21.12.2021 Faraz