Allahabad High Court
Premchand @ Prem Singh vs State Of U.P.And Another on 17 August, 2023
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:165662 Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2649 of 2022 Applicant :- Premchand @ Prem Singh Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Pushpendra Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record.
2. Heard Sri Pushpendra Singh, learned counsel for the applicant and Sri Deepak Kumar Singh, learned A.G.A. for the State and also perused the record.
3. The present anticipatory bail application has been filed on behalf of the applicant in Complaint Case No. 98 of 2017, under Section 420 of IPC, Police Station Kotwali Nagar, District Bulandshahr, with a prayer to enlarge him on anticipatory bail.
4. As per prosecution story, the applicant is stated to have executed a sale-deed of the land without title, as such, he is stated to have duped the first informant of his hard earned money.
5. Learned counsel for the applicant has stated that the applicant is maliciously being prosecuted in the present case due to ulterior motive and has apprehension of his arrest. He has nothing to do with the said offence as alleged by the prosecution. Learned counsel has further stated that there is a civil petition pending between the parties. The present complaint case has been filed subsequent to it, the applicant and other co-accused persons have been summoned vide order dated 13.02.2019 passed by learned Additional Chief Judicial Magistrate, Court No.2, Bulandshahr. Learned counsel has also stated that the applicant had challenged the said summoning order by filing a petition u/s 482 Cr.P.C. and the proceedings were stayed but the same has been vacated in the light of the judgment of the Apex Court passed in case of Asian Resurfacing of Road Agency Pvt. and Another vs. Central Bureau of Investigation reported in 2018 (16) SCC 299. The said petition is still pending.
6. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. It is further submitted that the applicant has no criminal antecedents. In case, the anticipatory bail application of the applicant is allowed, he will not misuse the liberty and shall cooperate with trial.
7. On the other hand, learned A.G.A. has vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history.
8. Considering the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98", the applicant is entitled to be granted anticipatory bail in this case.
9. Without expressing any opinion upon ultimate merits of the case either ways which may adversely affect the trial of the case, the anticipatory bail application of the applicant is allowed.
10. In the event of arrest of the applicant, Premchand @ Prem Singh involved in the aforesaid case crime number, shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:-
i. that the applicant shall make himself available for interrogation by a police officer as and when required;
ii. that the 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 or tamper with the evidence;
iii. that the applicant shall not leave India without previous permission of the court;
iv. that the applicant shall not tamper with the evidence during the trial;
v. that the applicant shall not pressurize/ intimidate the prosecution witness;
vi. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
11. In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant.
12. It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
(Justice Krishan Pahal) Order Date :- 17.8.2023 Siddhant