Allahabad High Court
Madhur Pratap Singh vs State Of U.P. on 22 August, 2022
Author: Raj Beer Singh
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4358 of 2022 Applicant :- Madhur Pratap Singh Opposite Party :- State of U.P. Counsel for Applicant :- Gunjan Sharma,Pradeep Kumar Pal Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
Supplementary affidavit filed by learned counsel for the applicant today, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present application has been moved seeking anticipatory bail in Case Crime No.102/2021, under Sections 420/511 I.P.C., Police Station Usava, District Budaun with the prayer that in the event of arrest, applicant may be released on bail.
It has been argued by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. According to prosecution version, applicant was working as in-charge of wheat purchase center, where wheat of farmers was to be purchased, as minimum support price of Rs.1975 per quintal but the applicant was purchasing wheat of farmers @ Rs.1900/- per quintal. Learned counsel submitted that this case was registered merely on the basis of some video. In departmental enquiry, applicant has not been found guilty. Referring to statements of witnesses, it was submitted that applicant has not purchased any wheat below the rate of minimum support price. The investigation is complete and charge-sheet has already been filed. The applicant has no criminal antecedents and that applicant undertakes to co-operate during trial and he would appear as and when required by the Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate during trial and would obey all conditions of bail.
Learned A.G.A. has opposed the application for anticipatory bail.
It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.
In the instant case, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, a case for anticipatory bail is made out.
The anticipatory bail application is allowed.
In the event of arrest of the applicant- Madhur Pratap Singh in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court below concerned with the following conditions :-
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 22.8.2022 Neeraj