Uttarakhand High Court
ABA/199/2021 on 22 October, 2021
Author: Alok Kumar Verma
Bench: Alok Kumar Verma
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
22ND OCTOBER, 2021
ANTICIPATORY BAIL APPLICATION NO. 199 of 2021
Between:
Ankit Agarwal. ...Applicant
and
State of Uttarakhand. ...Respondent
Counsel for the Applicant : Mr. Nandan Arya.
Counsel for the Respondent : Mr. T. C. Agarwal,
learned Deputy Advocate
General along with Mr. P.S.
Uniyal, learned Brief Holder
for the State.
Hon'ble Alok Kumar Verma,
Apprehending his arrest, the applicant moved an
application for anticipatory bail before the learned
Sessions Judge, District Almora in connection with Criminal
Case No.72 of 2020 (F.I.R. No.0001 of 2020, registered
with Police Station Ranikhet, District Almora). On
09.09.2021, the learned Additional Sessions Judge,
Ranikhet, District Almora rejected the said application for
anticipatory bail.
2. This application, under Section 438 of the Code
of Criminal Procedure, 1973, is filed by the applicant
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before this court seeking anticipatory bail in the event of
his arrest.
3. Heard Mr. Nandan Arya, the learned counsel for
the applicant and Mr. T.C. Agarwal, learned Deputy
Advocate General along with Mr. P.S. Uniyal, the learned
Brief Holder for the State.
4. Counter affidavit has not been filed by the State.
5. Mr. T.C. Agarwal, learned Deputy Advocate
General appearing for the State requested four weeks'
time to file counter affidavit.
6. Mr. Nandan Arya, the learned counsel for the
applicant, requested to consider to grant interim
protection to the applicant.
7. According to the present case, in compliance of
the order, passed by this High Court in Writ Petition (PIL)
No.33 of 2019, Mr. Surendra Singh Ringwal, Sub-
Inspector, was appointed as a member of the Special
Investigation Team (S.I.T.). After enquiry, the informant,
Mr. Surendra Singh Ringwal, Sub-Inspector, lodged an FIR
on 10.01.2020 against the Manager of the Monad
University, Hapur, Uttar Pradesh and Manager of the
Indian Overseas Bank, Branch Hapur. After completion of
the investigation, the charge-sheet has been filed against
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the present applicant and co-accused persons. The charge-
sheet against the present applicant has been filed in the
offence under Sections 409, 420, 467, 468, 471 and 120B
of IPC.
8. Mr. Nandan Arya, the learned counsel for the
applicant, submitted that the applicant is an innocent
person; he has been falsely implicated in this matter; he is
shown as a middleman; he is not named in the FIR; he
has not received any scholarship amount; the co-accused
persons have been granted anticipatory bail by the learned
District and Sessions Judge, Almora and by this High
Court.
9. The scheme of Section 438 of the Code of
Criminal Procedure is introduced by the State of
Uttarakhand vide Act No.22/2020. Section 438 of the Code
of Criminal Procedure, 1973 reads as follows:-
(1), Where any person has reason to believe that he may be
arrested on accusation of having committed a non-bailable
offence, he may apply to the High Court or the Court of
Session for a direction under this section that in the event of
such arrest he shall be released on bail; and that Court may,
after taking into consideration, inter alia, the following factors,
namely :-
(i) the nature and gravity of the accusation ;
(ii) the antecedents of the applicant including the fact as to
whether he has previously undergone imprisonment on
conviction by a Court in respect of anv cognizable offence;
(iii) the possibility of the applicant to flee from justice; and
(iv) where the accusation has been made with the object of
injuring or humiliating the applicant by having him so
arrested,
either reject the application forthwith or issue an interim
order for the grant of anticipatory bail:
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Provided that where the High Court or, as the case may be,
the Court of Session, has not passed any interim order under
this sub-section or has rejected the application for grant of
anticipatory bail, it shall be open to an officer in-charge of a
police station to arrest, without warrant, the applicant on the
basis of the accusation apprehended in such application.
(2) Where the High Court or, as the case may be, the Court
of Session, considers it expedient to issue an interim order to
grant anticipatory bail under sub-section (1), the Court shall
indicate therein the date, on which the application for grant of
anticipatory bail shall be finally heard for passing an order
thereon, as the Court may deem fit, and if the Court passes
any order granting anticipatory bail, such order shall include
inter alia the following conditions, namely:-
(i) that the applicant shall make himself available for
interrogation by a police officer as and when required;
(ii) that 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) that the applicant shall not leave India without the
previous permission of the Court; and
(iv) such other conditions as may be imposed under sub-
section (3) of section 437. as if the bail were granted under
that section.
Explanation: the final order made on an application for
direction under sub- section (1); shall not be construed as an
interlocutory order for the purpose of this Code.
(3) Where the Court grants an interim order under sub-
section (l), it shall forthwith cause a notice being not less than
seven days notice, together, with a copy of such order to be
served on the Public Prosecutor and the Superintendent of
Police, with a view to give the Public Prosecutor a reasonable
opportunity of being heard when the application shall be
finally heard by the Court.
(4) On the date indicated in the interim order under sub-
section (2), the Court shall hear the Public Prosecutor and the
applicant and after due consideration of their contentions, it
may either confirm, modify or cancel the interim order.
(5) The High Court or the Court of Session, as the case may
be, shall finally dispose of an application for grant of
anticipatory bail under sub-section (l), within thirty days of the
date of such application;
(6) Provisions of this section shall not be applicable,-
(a) to the offences arising out of, -
(i) the Unlawful Activities (Prevention) Act, 1967;
(ii) the Narcotic Drugs and Psychotropic Substances Act,
1985;
(iii) the Official Secrets Act, 1923;
(iv) the Uttarakhand (Uttar Pradesh Gangsters and Anti-
Social Activities (Prevention) Act, 1986;) Adaptation and
Modification Order, 2002
(v) sub-section(3) of Section 376 or Section 376AB or Section
376DA or Section 376DB of the Indian Penal Code;
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(vi) chapter 6 of the Indian Penal Code, 1860, viz, offences
against the state (except Section 129);
(vii) The Protection of Children from Sexual Offences (POCSO)
Act, 2012;
(b) in the offences, in which death sentence may be awarded.
(7) If an application under this section has been made by any
person to the High Court, no application by the same person
shall be entertained by the Court of Session.
10. Personal liberty under Article 21 of the
Constitution of India is very precious fundamental right
and it should be curtailed only when it becomes imperative
according to the peculiar facts and circumstances of the
case.
11. Having considered the submissions of learned
counsel for both the parties and in the facts and
circumstances of the case, without expressing any opinion
as to the merit of the case, this court directs that in the
event of arrest, the applicant-accused Ankit Agarwal shall
be released on bail on furnishing a personal bond of
Rs.30,000/- with two reliable sureties, each in the like
amount to the satisfaction of the Arresting Authority with
the following conditions:-
(i) The applicant shall attend the trial court regularly
and he shall not seek any unnecessary adjournment;
(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.
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12. List on 22.11.2021 for arguments on the
application of anticipatory bail. Meanwhile, counter
affidavit may be filed.
13. It is clarified that no adjournment shall be
granted on the demand of the applicant after counter
affidavit is filed.
14. It is further clarified that if the applicant misuses
or violates any of the conditions, imposed upon him, the
prosecution will be free to move the court for cancellation
of the interim anticipatory bail.
___________________
ALOK KUMAR VERMA, J.
Dt: 22nd October, 2021 Pant/