Allahabad High Court
Avaram Singh @ Avaram Singh Yadav @ ... vs State Of U.P. on 28 January, 2023
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 77 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11037 of 2021 Applicant :- Avaram Singh @ Avaram Singh Yadav @ Aivaran Singh Yadav And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Vashisth,Ramesh Kumar Sahu Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
List revised. No one has appeared on behalf of the applicants to press this application. Mr. K.P. Pathak, learned A.G.A. for the State is present.
The present application has been moved seeking anticipatory bail in Case Crime No.212 of 2021, under Sections 420, 467, 468, 471, 147, 504, 506 I.P.C., P.S. Etmadduala, District-Agra, with the prayer that in the event of arrest, applicants may be released on bail.
On 16.06.2021, Co-ordinate Bench of this Court while granting interim anticipatory bail to the applicants, has passed the following order:-
"Heard learned counsel for the applicants, Sri Rajesh Mishra, the learned A.G.A. for the State and perused the record.
Leave to implead the informant as opposite party is granted. Necessary steps be taken forthwith.
The instant application has been moved seeking anticipatory bail in light of the apprehension of the arrest of the applicants in Case Crime No. 212 of 2021, under Sections 420, 467, 468, 471, 147, 504, 506 I.P.C., Police Station- Etmadduala, District- Agra.
All the noticed respondents shall file a reply on this application within a period of six weeks.
Notice shall issue to the newly impleaded opposite party No. 2 returnable within the same period. Post this matter on the expiry of the aforesaid period before the appropriate Court.
Presently and for the purposes of considering the prayer for grant of interim anticipatory bail, the Court takes note of the submission that the allegation levelled essentially relate to a boundary dispute and that the applicants were bona fide purchasers under a registered sale deed. It is in that context that it is submitted that the allegation of forgery would not stand established.
Accordingly let the applicants- Avaram Singh and Km. Nisha involved in the aforesaid case crime number be released on interim anticipatory bail on their furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the concerned police station subject to the following conditions:-
(i) the applicants will join and participate in each and every aspect of "Investigation" and will lend full assistance to the Investigating Agency even with regard to "discovery of fact" if and when required so by the Investigating Agency or the concerned Court;
(ii) the applicants shall make themselves available for interrogation by a police officer as and when required;
iii) the applicants 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 office;
(iv) the applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. Concerned.
(v) It shall be open to the State to move this Court for cancellation of the interim protection accorded, if upon due verification it be found, that a declaration or statement made in this petition was false or incorrect or in case any material fact or information is found to have been concealed or withheld.
(vi) In view of the measures adopted by the High Court during this period in light of the upsurge of COVID cases, the respondents and all other authorities shall proceed in accordance with the directions contained in this order, upon presentation of a copy thereof downloaded from the official website of the Court and duly authenticated by the counsel on record being presented.
Counsels may authenticate the downloaded copies by affixing their signatures thereon and recording their Bar Council registration number as well as the Advocate Roll Number as allotted by this Court.
In case of default or breach of any of the aforementioned conditions it shall be open to the Investigating Officer to file an appropriate application before this Court for cancellation of the interim anticipatory bail granted. "
Learned A.G.A. on the basis of instructions submits that charge sheet has not been filed till date and investigation is still going on. He further submits that from the records it is evident that applicants have always co-operated in the investigation and have not misused the liberty of aforesaid interim anticipatory bail, which was granted to them on 16.06.2021 by co-ordinate bench of this Court.
In view of the above, aforesaid interim anticipatory bail order dated 16.06.2021 is made absolute till submission of police report under Section 173(3) Cr.P.C. on the terms and conditions as indicated in the above order dated 16.06.2021.
With the aforesaid observations and directions, the instant anticipatory bail application is allowed.
Order Date :- 28.1.2023 Rahul.