Allahabad High Court
Arvind Kumar vs State Of U.P. And Another on 19 May, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3565 of 2022 Applicant :- Arvind Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhupendra Singh Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.
It is informed by learned A.G.A. that complete case diary of the case is available. Thus, in the opinion of this Court, the anticipatory bail application moved on behalf of the applicant could be finally disposed of.
Heard Shri Bhupendra Singh, learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The present application has been moved by the accused-applicant- Arvind Kumar in Case Crime No.52 of 2022, under Sections 419, 420, 467, 468, 471 I.P.C. and Section 6/10 of the Uttar Pradesh Public Examination Act, 1998, Police Station Sarai Inayat, District Prayagraj, with the prayer to enlarge him on anticipatory bail as he is apprehending arrest in the above-mentioned case.
Learned counsel for the applicant while pressing the anticipatory bail application submits that the applicant has been falsely implicated in this case and he has not committed any offence as claimed by the prosecution.
It is further submitted that apart from the confessional statement of the co-accused namely Kamlesh Kumar, there is no evidence or material against the applicant and the admit card, which has been allegedly found in the possession of the co-accused Kamlesh Kumar, may be downloaded from the website of EDCIL-IARI by any person, who can have access to the user ID and password of the applicant and it appears that the user ID and password of the applicant was compromised and was taken by someone in order to misuse it.
It is also submitted that the applicant is a student and was preparing for competitive examination. He has not paid any amount to anyone and in fact on 25.02.2022 he felt severely ill and was treated at S.P.S. Hospital, Prayagraj and was advised to take bed rest w.e.f. 25.02.2022 to 03.03.2022, therefore, he was not in a position to contact anyone. The name of the applicant has been taken by the co-accused only to shield his guilt. It is next submitted that there is no evidence or material, which even prima facie, reflects any monetary transaction, which has held between him and the co-accused Kamlesh Kumar.
It is further submitted that applicant is a respectable citizen of the locality and is having no criminal history. The investigating officer without there being any cogent and reliable material/evidence is making all out efforts to apprehend/arrest the applicant and there is no apprehension that after being granted facility of anticipatory bail, applicant may flee from the course of law or may otherwise misuse the liberty. He undertakes that he is ready to cooperate in the investigation as well as in the trial as and when required and thus, protection from arrest be granted to him.
Learned A.G.A. on the other hand submits that the applicant is involved in a heinous offence and having regard to his involvement in the crime, he is not entitled for any protection.
Having heard learned counsel for the parties and having perused the record, it is evident that one Kamlesh Kumar was detained at the examination centre, where the competitive examination pertaining to EDCIL-IARI was scheduled to take place while he was attempting to sneak into the premises of the examination centre and he was noticed that he was different than the person whose photo was affixed on the admit card and was detained and thereafter the instant F.I.R. has been lodged. Co-accused Kamlesh Kumar, who was apprehended while attempting to appear in the above mentioned examination, has taken the name of the instant applicant. It is vehemently submitted that apart from the confessional statement of the co-accused Kamlesh Kumar, there is no other evidence available against the applicant. The applicant is stated to be a student.
Thus without entering into merits and demerits of the case and having regard to the fact that the applicant is a student and his confinement in prison may adversely affect his future education prospective, in the considered opinion of this court, the applicant may be provided protection from arrest till submission of police report under Section 173(2) Cr.P.C.
Thus having regard to all the facts and circumstances of the case, the instant anticipatory bail application is finally disposed of in terms that till the submission of police report, if any, under Section 173(2) Cr.P.C. before the competent court in the event of arrest of the applicant- Arvind Kumar, involved in aforesaid case crime number shall be released on anticipatory bail on his furnishing a personal bond of Rs.50,000/- with two sureties (one of the sureties will be of family members) each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(1) The applicant shall make himself available for interrogation or for discovery of any fact by a police officer/investigating officer as and when required and will cooperate in the investigation.
(2) 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;
(3) The applicant shall not leave the country without the previous permission of the Court.
(4) The applicant shall deposit his passport with the trial court and if he has not been issued any passport, an affidavit in this regard shall be filed by him before the trial court.
Order Date :- 19.5.2022 Anupam S/-