Allahabad High Court
Shankar Lal vs State Of U.P. And Another on 22 May, 2023
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:111898 Court No. - 49 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5772 of 2023 Applicant :- Shankar Lal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Dutt Kautilya,Satyavrat Sahai,Umesh Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
Heard Mr. Sunil Dutt Kautilya, the learned counsel for applicant and the learned A.G.A. for State.
Perused the record.
This application for anticipatory bail has been filed by applicant Shankar Lal in connection with Case Crime No. 131 of 2019, under Sections 406, 409, 420, 120-B, and 13(1)(A), 13(2) Prevention of Corruption Act, 1988, Police Station Mursan, District Hathras.
Record shows that an F.I.R. dated 27.6.2019 was lodged by first informant Inspector Kanchanlal Verma and was registered as Case Crime No. Case Crime No. 131 of 2019, under Sections 406, 409, 420, 120-B, and 13(1)(A), 13(2) Prevention of Corruption Act, 1988, Police Station Mursan, District Hathras. In the aforesaid F.I.R., as many as twelve persons namely (i) M.P. Singh, (ii) Qamar Ahmad, (iii) Mahesh Kumar Sharma, (iv) Agrasen, (v) Sateesh Chand Upadhyay, (vi) Netrapal Singh, (vii) Shailendra Singh, (viii) Sateesh Chand Upadhyay, (ix) Anita, (x) Savitri Devi, (xi) Nisha, (xii) Poonam Upadhyay have been nominated as named accused.
Learned counsel for applicant contends that applicant is innocent. Applicant is not named in the F.I.R. However, irrespective of above, there is an eminent threat of his liberty being curtailed by the Police by arresting him. It is then contended that the F.I.R. giving rise to the present application for anticipatory bail was lodged on 27.6.2019. However in spite of the fact that a period of more than three years and approximately eleven months have expired, requisite Police Report (Charge Sheet) in terms of Chapter XII Cr.P.C. has not been submitted as yet. Matter is still under investigation. Applicant has been cooperating with the investigation and inasmuch as no coercive process has been obtained by the Investigating Officer against applicant. As such custodial arrest of applicant is not absolutely necessary for investigating aforementioned case crime number. Even otherwise applicant is a man of clean antecedents. He has no criminal history to his credit except the present one.
On the above premise, the learned counsel for applicant submits that interest of justice shall be served in case liberty of applicant is protected by extending the benefit of anticipatory bail in his favour. In case, the applicant is enlarged on anticipatory bail, he shall not misuse the liberty of bail and shall cooperate with the trial. It is thus urged that applicant be enlarged on anticipatory bail.
Per contra, the learned A.G.A. has opposed the present application for anticipatory bail. However he could not dislodge the factual and legal submission urged by the learned counsel for applicant with reference to the record at this stage.
Having heard the learned counsel for applicant, the learned A.G.A. for State, upon perusal of record, accusations made, complicity of applicant and the submissions urged by the learned counsel for applicant matter requires consideration.
Notice on behalf of opposite party 1 has been accepted by the learned A.G.A.
Issue notice to opposite party 2.
All the opposite parties may file their respective counter affidavits on or before the date fixed in the notice.
List for orders on the date fixed in the notice.
In view of above, in the event of arrest, applicant Shankar Lal shall be released on ad-interim anticipatory bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station/ concerned Court, subject to 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 cases 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 previous permission of the Court.
In case of breach of any of the said 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 an application for cancellation of bail in accordance with law.
Order Date :- 22.5.2023 Aiman