Allahabad High Court
Ram Kishor vs State Of U.P. And Another on 24 September, 2019
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38410 of 2019 Applicant :- Ram Kishor Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Atul Kumar Shahi Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Atul Kumar Shahi, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State.
This Anticipatory Bail Application (under Section 438 Cr.P.C.) has been moved for seeking bail in Case Crime No.68 of 2012, under Sections 409, 419, 420, 467, 468, 471 and 120-B I.P.C., Sections 3/7 of Essential Commodities Act and Section 13(1) of Prevention of Corruption Act, Police Station-Aliganj, District Etah.
It is argued by the learned counsel for the applicant is that the applicant is innocent person and has been falsely implicated in the present case. As per FIR, the allegations against the applicant are that he had illegally sold 6-7 thousand quintals of wheat from different Gram Panchayat Nidhi.The case of the applicant is similar to co-accused Ram Narayan Yadav whose arrest has been stayed by this Court till the submission of the police report under Section 173(2) Cr.P.C., vide order dated 23.04.2019 passed in Criminal Misc. Writ Petition No.10624 of 2019, copy of which is at page No.43 of the paper book, in these circumstances, the applicant is also entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant but has fairly conceded that similarly situated co-accused Ram Narayan Yadav has already been granted bail.
Looking to the fact that co-accused has already been granted stay against arrest till submission of the police report under Section 173(2) and the case of the present applicant is on similar footing, without expressing any opinion on the merits of the case and considering the nature of accusation and the fact that he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant,Ram Kishor involved in Case Crime No.68 of 2012, under Sections 409, 419, 420, 467, 468, 471 and 120-B I.P.C., Sections 3/7 of Essential Commodities Act and Section 13(1) of Prevention of Corruption Act, Police Station-Aliganj, District Etah, shall be released on anticipatory bail till the submission of police report, if any, under Section 173 (2) Cr.P.C. before the competent Court on his furnishing a personal bond of Rs. 50,000/- 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 officer 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 him from disclosing such facts to the Court or to any police officer;
(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.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of two months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
In view of aforesaid, the application for anticipatory bail is, accordingly, allowed.
Order Date :- 24.9.2019 Ravi Kant