Allahabad High Court
Ram Surat Yadav @ Kodai vs State Of U.P And 2 Others on 4 April, 2023
Author: Subhash Chandra Sharma
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 82 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11812 of 2022 Applicant :- Ram Surat Yadav @ Kodai Opposite Party :- State Of U.P And 2 Others Counsel for Applicant :- Vijendra Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned counsel for opposite party as well as learned A.G.A for the State and perused the material placed on record.
This anticipatory bail application has been moved seeking anticipatory bail in Case Crime No.135 of 2021, under sections 419, 420, 406, 506 I.P.C and 138 N.I. Act, Police Station Geeda, District Gorakhpur.
It is submitted by the learned counsel for the applicant that in this the applicant is innocent and has falsely been implicated by the informant for taking money with other co-accused persons as consideration for sale of the land which was owned by some other persons. In this way the applicant and other co-accused persons cheated the informant and two cheques were handed over to the informant by co-accused Satish Kumar which were dishonoured from the Bank on account of unsufficient fund in his account. In this way no offence is made out against the present applicant and there is nothing on record to show that the money was given to the present applicant except the allegation made by the informant against him. It is further submitted that the applicant was granted interim bail in which he has not violated condition imposed by this Court. Till now the charge sheet has not been submitted. Therefore, request for anticipatory bail.
Learned A.G.A opposed the aforesaid prayer.
On considering the facts and circumstances of the case, submissions made by learned counsel for the applicant, learned A.G.A for the State and perusal of record and without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98.
In the event of arrest of the applicant- Ram Surat Yadav @ Kodai, shall be released on anticipatory bail till the submission of police report under Section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) The applicant shall make himself available for interrogation by a police office as and when required;
(ii) 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 from disclosing such facts to the Court or to any police office;
(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 4.4.2023 G.S