Allahabad High Court
Usman vs State Of U.P. on 17 February, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1348 of 2020 Applicant :- Usman Opposite Party :- State of U.P. Counsel for Applicant :- Lalit Kumar Srivastava,Parvat Singh Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh-I,J.
Counter affidavit has been filed from the side of State, same is taken on record.
Heard Sri Lalit Kumar Srivastava, learned counsel for the applicant, and Sri Shoeb Khan, learned A.G.A. for the State.
This anticipatory bail application has been moved seeking bail in Case Crime No. 0170 of 2019, under Sections 379 & 411 I.P.C., Police Station Echo-Tech-First, District Gautam Buddh Nagar, during the pendency of trial.
The submission made by the learned counsel for the applicant is that some material relating to company NPCL is said to have been stolen which was being taken in a Chota Hathi vehicle. One person was arrested on the spot namely co-accused Lokan and other accused is said to have fled away from the place of occurrence. His name has emerged in the statement of co-accused Lokan who has stated that he had sold the said material to the accused applicant who works as a scrap dealer. It is further argued that no recovery has been made from him as per the counter affidavit also. The recovery was made from the house of one Rishi Pradhan but even Rishi Pradhan was not made accused in this case. Entire recovery has been made from co-accused and not from the accused applicant. It is further argued that he is apprehending imminent arrest by the police. The applicant has no criminal history. If the accused applicant is released on anticipatory bail, he will not misuse the liberty of bail and shall cooperate in the investigation.
Learned A.G.A. has vehemently opposed the prayer for granting bail and has argued that the accused applicant is the person who has involved in purchasing the looted property.
Looking to the fact that no recovery has been made from the accused applicant nor he was arrested on the spot and taking into consideration the gravity of accusation, there being no criminal antecedents of the applicant and there being no possibility of his fleeing from justice, without expressing any opinion on the merits of the case, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant Usman involved in Case Crime No. 0170 of 2019, under Sections 379 & 411 I.P.C., Police Station Echo-Tech-First, District Gautam Buddh Nagar, 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. 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 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/her/them 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 shall be 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 three months from the date of production of a certified copy of this order independently without being prejudiced 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.
Order Date :- 17.2.2020 VPS