Allahabad High Court
Harishchand vs State Of U.P. on 7 February, 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. - 7373 of 2020 Applicant :- Harishchand Opposite Party :- State of U.P. Counsel for Applicant :- Ram Kumar,Surendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Ram Kumar, learned counsel for the applicant and Mr. K.P. Pathak, learned A.G.A. for the State as well as perused the record.
The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.361 of 2017, under Sections 409, 467, 468, 471 I.P.C., Police Station-Jamunapar, District-Mathura, with a prayer that in the event of arrest, applicant may be released on anticipatory bail.
On 05.11.2020, Co-ordinate Bench of this Court while granting interim anticipatory bail to the applicant, the following order was passed:-
"1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This anticipatory bail application has been filed on behalf of the applicant - Harishchand, seeking anticipatory bail in Case Crime No. 361 of 2017, under Sections - 409, 467, 468, 471 I.P.C., Police Station - Jamunapar, District - Mathura, during the pendency of trial.
3. Put up this case alongwith Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 6614 of 2020 before the appropriate Bench, and by the said date, counter affidavit be filed by learned A.G.A.
4. At present, there are no criminal antecedents to the applicant shown as also no real apprehension has been expressed by the State of the applicant fleeing from justice, if the present application is allowed.
5. Learned counsel for the applicant submits that co-accused Rakesh Verma against whom exactly similar allegations has been made has already been granted anticipatory bail in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 6614 of 2020 vide order dated 20.10.2020.
6. Thus, without expressing any opinion on the merits of the case, the applicant is entitled to be released on interim anticipatory bail in this case, at this stage.
7. In the event of arrest of the applicant - Harishchand involved in the aforesaid case crime, he shall be released on interim anticipatory bail during the investigation, till the next date fixed, on his furnishing a personal bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the Station House Officer of the police station concerned on the following conditions:
(i) The applicant shall make him available for interrogation by a police officer as and when required.
(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 or tamper with the evidence.
(iii) The applicant shall not leave India without the previous permission of the court.
(iv) In default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant."
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case with the allegations that various officials including the applicant of Cooperative Bank, Branch Raya, Mathura have committed fraud and embezzlement of amount Rs.51,03,066.70/- He further submits that applicant has an apprehension that he may be arrested in the above mentioned case, whereas there is no credible evidence against him. The applicant has always co-operated in the investigation and has not misused the liberty of aforesaid interim anticipatory bail, which was granted to him vide order dated 05.11.2020 by co-ordinate Bench of this Court. He further submits that co-accused of this case namely, Narendra Kumar Pachauri, having similar role, has already been granted anticipatory bail vide order dated 13.10.2022 by the Co-ordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application U/s 438 No.9879 of 2022, therefore, the applicant is also entitled to be released on anticipatory bail. He further submits that applicant will be co-operating in the trial without seeking any unnecessary adjournment. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegation made against him. The circumstances which, as per counsel, led to the false implication of the applicant has also been touched upon at length. Learned counsel for the applicant undertakes that he has cooperated in the investigation and are ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicant.
On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1. The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
In view of the above, the anticipatory bail application is allowed.
Let the accused-applicant:-Harishchand be released forthwith in the aforesaid case crime on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
1. The applicant shall not leave India during the currency of trial without prior permission from the concerned trial Court.
2. The applicant shall surrender his passport, if any, to the concerned trial Court forthwith. His passport will remain in custody of the concerned trial Court.
3. 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;
4. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
5. In case, the applicant misuse the liberty of bail, the trial Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal and others v. State (NCT of Delhi) and another, (2020) 5 SCC 1.
6. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against them in accordance with law.
Order Date :- 7.2.2023 Rahul.