Allahabad High Court
Pappu vs State Of U.P. And Another on 30 May, 2022
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 84 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3228 of 2022 Applicant :- Pappu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Balram Mishra Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.
Heard Shri Balram Mishra, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The case was heard on 29.04.2022 and Court has passed the following order:-
"Heard Shri Balram Mishra, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant, namely, Pappu in Case Crime No. 142 of 2019, under Sections 420, 467, 468, IPC, Police Station - Sirauli, District - Bareilly after rejecting anticipatory bail application of the applicant by Special Judge (E.C. Act)/Additional Sessions Judge, Court No. 4, Bareilly vide order dated 14.3.2022.
The submission of the learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. First information report dated 7.8.2019 has been lodged against seven named persons on the basis of an application under Section 156(3), Cr.P.C. by Branch Manager of Baroda U.P. Gramin Bank, Branch Bayodhan Khurd, P.S. Sirauli, District Bareilly. The applicant is not named in the first information report. He has been implicated in the present case during the course of investigation. The applicant is a poor farmer having land. First information report has been lodged to create pressure upon the farmers only. The bank granted K.C.C. loan to the farmers after due verification of their documents. The applicant has not made any cheating with the bank. He has not committed any forgery and has not produced any fake and fabricated documents before the concerned bank. The applicant has deposited K.C.C. loan amount from time to time. The applicant has obtained agricultural loan under the scheme of Kisan Credit Card from the first informant's bank in the basis of Khatauni. The loan has been given after completing all the formalities by the bank authorities on the basis of legal advice given by the first informant. It is further submitted that co-accused Umesh Pal has been granted anticipatory bail by this Court vide order dated 18.2.2022 in Criminal Misc. Anticipatory Bail Application No. 1151 of 2022. The applicant is no more required for custodial interrogation. The applicant has no criminal history and he has not undergone any imprisonment after conviction by any court of law in relation to any cognizable offence previously.
Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Vs. State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A. as per Section 438(3), Cr.P.C. (U.P. Amendment) is not required.
It is settled position of law that the anticipatory bail being an extraordinary privilege should be granted only in exceptional cases. Parameters for grant of anticipatory bail in a serious offence are required to be satisfied, where the Court is prima facie of the view that the applicant has falsely roped in the crime and would not misuse his liberty.
Considering the facts and circumstances of the case and the law laid down by the Apex Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98, ground for grant of ad interim anticipatory bail is made out.
Learned A.G.A. to file counter affidavit within two weeks. Rejoinder affidavit, if any, may be filed within one week thereafter.
Put up on 20.5.2022 as fresh for final hearing.
In case of arrest, the applicant, Pappu is directed to be enlarged on interim anticipatory bail till the hearing of the present application in above case crime number, on his furnishing personal bond of Rs. 25,000/- and two sureties each of like amount before the Station House Officer of Police Station/Court concerned with the following conditions:-
(i) The applicant shall make himself available for interrogation by the police officer as and when required, if investigation is in progress;
(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 such person from disclosing such facts to the Court or to any police officer;
(iii) The applicant shall not leave the country 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/Court concerned;
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked ;
(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order.
A copy of this order shall also be produced before the S.P/S.S.P concerned by the applicant, within a week, if the investigation is still in progress, who shall ensure compliance of this order."
Learned counsel for applicant submitted that applicant has been falsely implicated for the reasons recorded by the Court in its order dated 29.04.2022 coupled with this fact that he is having no criminal history.
Learned A.G.A. could not dispute the aforesaid facts.
Accordingly, anticipatory bail application is disposed of. Applicant is granted anticipatory bail in terms of order dated 29.04.2022.
Order Date :- 30.5.2022 Sartaj