Allahabad High Court
Prateek Saxena vs State Of U.P. on 11 November, 2022
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37079 of 2022 Applicant :- Prateek Saxena Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar,Ashok Kumar Singh Bais,Noor Muhammad,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
Heard Sri Udai Karan Saxena, learned Senior Advocate assisted by Sri Yogesh Kumar Srivastava, learned counsel for the applicant, Sri Manoj Kumar Dwivedi, learned A.G.A. for the State and perused the record.
The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 246 of 2022, registered under Sections 419, 420, 467, 468, 471, 409, 120-B I.P.C., Police Station Hasanpur, District Amroha during pendency of the trial.
Instant FIR has been lodged against the applicant and co-accuse, father of the applicant, that during investigation of Case Crime No.10 of 2022, under Sections 3/5/25(7)Arms Act and Sections 34/120-B I.P.C., it has been found that applicant on 15.03.2022 purchased 4000 cartridges and 23.03.2022 purchased 4000 cartridges for selling the cartridges duping himself as co-accused-Sushil Chand Saxena licence of shop and has not maintained the stock.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Two FIRs have been lodged as Case Crime No.10 of 2022 and present Case Crime No.246 of 2022 for the same offence. Applicant has been granted bail in Case Crime No.10 of 2022 by co-ordinate Bench of this Court vide order dated 28.07.2022. The allegation against the applicant is that the applicant on behest of co-accused Sushil Chand Saxena supplied/purchased the cartridges of which he has not maintained any record. The co-accused Sushil Chand Saxena, father of the applicant, have valid arms dealer license. Since, father of applicant is patient of paralysis so applicant help in business deal of his father. The statement of other arms dealers, as annexed with bail application, that due to health issue, applicant helps and work on advice of his father. So far allegation is concerned against the applicant in the Arms Act, he has been granted bail by co-ordinate Bench of this Court in Case Crime No.10 of 2022. In present FIR, applicant has no concern with the alleged sections as the same relates to maintenance of ledger and stock register and shop is in the name of co-accused Sushil Chand Saxena and he has the liability to maintain the register and business record. There is no direct evidence that applicant is involved in arms deal. Only on the confessional statement of co-accused, applicant has been implicated in the present case. Due to ulterior motive, two FIRs have been registered against the applicant for the one offence. The applicant is languishing in jail since 24.04.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts argued by applicant's counsel.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Prateek Saxena, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 11.11.2022 Nitin Verma