Allahabad High Court
Pramod Kumar (Lekhpal) vs State Of U.P. on 26 April, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9613 of 2023 Applicant :- Pramod Kumar (Lekhpal) Opposite Party :- State of U.P. Counsel for Applicant :- Sudhanshu Kumar Singh,Kameshwar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Kameshwar Singh, learned counsel for the applicant and Sri Ghanshyam Mishra, learned Brief Holder for the State.
2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 622 of 2014, under Sections 420, 467, 468, 471, 218, 219 IPC and 2/3 The Prevention of Damage to Public Property Act, 1984 and under Sections 2, 9, 17A, 27, 29, 34A, 39, 50, 51 Wild Life (Protection) Act, 1972, Police Station Bhopa, District Muzaffar Nagar during pendency of the trial.
3. This is second bail application filed on behalf of the applicant. The first bail application of the applicant has been dismissed by this Bench vide order dated 31.03.2023 passed in Criminal Misc. Bail Application No. 59968 of 2022.
4. Learned counsel for the applicant submitted that this is second bail application filed on behalf of the applicant and his first bail application was dismissed by this Bench vide order dated 31.03.2023. He further submits that from the perusal of the order dated 31.03.2023 it appears that bail application of the applicant was dismissed on the sole ground that he absconded for seven years as it has been quoted in the order dated 31.01.2023 that charge-sheet has been filed in the present matter in the year 2015 but in spite of that applicant appeared before the court concerned on 30.11.2022 i.e. after abut seven years but unfortunately at the time of argument of first bail application correct facts could not be placed before this Court. He further submits that he has filed second bail application with correct facts.
5. He next submits that applicant is not an absconder and charge-sheet in the present matter although filed in the year 2015 but not against applicant but against other accused persons and against the applicant charge-sheet was filed in the year 2018 and thereafter applicant along with two others challenged the proceeding before this Court under Section 482 Cr.P.C. vide Application U/S 482 Cr.P.C. No. 16106 of 2019 and on 25.04.2019 they got interim order in their favour but unfortunately in the year 2022 warrants have been issued against the applicant in view of law laid down by the Apex Court in the case of Asian Resurfacing of Road Agency Private Limited and another Vs. Central Bureau of Investigation (2018) 16 SCC 299 and till date even the Application under Section 482 Cr.P.C. No. 16106 of 2019 filed by the applicant and two others before this Court is pending.
6. He further submits that on 26.08.2022 applicant filed anticipatory bail before the sessions court but his anticipatory bail was rejected on 06.09.2022 by the court of session and thereafter on 21.10.2022 applicant filed anticipatory bail application before this Court vide Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 10008 of 2022 and on 21.10.2022 the co-ordinate Bench of this Court directed the applicant to appear before the court concerned within eight weeks and seek regular bail and till then interim protection was granted to him and thereafter applicant surrendered before the court on 30.11.2022, therefore, applicant did not abscond on even a single day. He further submits, unfortunately all these facts could not be placed at the time of hearing of first bail application of the applicant, therefore, considering the facts and circumstances of the case, the second bail application filed on behalf of the applicant may be allowed.
7. Per contra, although learned AGA opposed the prayer for bail but could not dispute the fact that it appears that at the time of first bail application of the applicant the full and correct facts could not be placed before this Court and it appears that applicant is not absconder. Learned AGA fairly conceded that till date Application U/S 482 Cr.P.C. filed by the applicant is pending before this Court and earlier this Court has indulged into the matter and interim order has been passed in favour of the applicant.
8. I have heard learned counsel for the parties and perused the record of the case.
9. This is the second bail application filed on behalf of the applicant. The first bail application of the applicant was dismissed by this Bench vide order dated 31.01.2023. From the perusal of the order dated 31.01.2023 passed in first bail application of the applicant it appears that first bail application was dismissed mainly due to the reason that applicant absconded for about seven years in spite of the fact that charge-sheet was submitted in the year 2015 and applicant appeared only on 30.11.2022 but it appears that when the first bail application of the applicant was decided then full and correct facts could not be placed before this Court. From perusal of the record, it appears that although in the year 2015 charge-sheet was filed in the present matter but not against the applicant but against some other accused persons and charge-sheet was filed against the applicant on 28.10.2018 and thereafter he is regularly seeking legal remedy available to him and when he filed anticipatory bail before this Court then this Court disposed of the anticipatory bail application of the applicant with the direction to appear before the court concerned within eight weeks and seek regular bail and till then interim protection was granted to him and thereafter applicant surrendered before the court concerned on 30.11.2022.
10. Therefore, from the above noted facts it reflects that applicant did not abscond and even till today Application U/S 482 Cr.P.C. No. 16106 of 2019 filed by applicant and two others before this Court is still pending and on 25.04.2019 this Court granted interim order to the applicant and two other co-accused persons.
11. Therefore, from the discussion made above, in view of this Court, it is a fit case to release the applicant on bail.
12. Accordingly, without expressing any opinion on the merits of the case, the instant second bail application is allowed.
13. Let the applicant - Pramod Kumar (Lekhpal) be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
14. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
Order Date :- 26.4.2023 AK Pandey