Allahabad High Court
Ram Palat vs State Of U.P. And Another on 13 May, 2022
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2508 of 2022 Applicant :- Ram Palat Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
Heard Sri Rajesh Kumar Sharma, learned counsel for the applicant, Sri Ankit Srivastava, learned Brief Holder appearing for the State and perused the record.
This second anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant Ram Palat, seeking anticipatory bail, in the event of arrest in Case Crime No. 46A of 2006, under Sections 409, 419, 420, 467, 468, 471, 201, 218, 120B, 34 I.P.C., Police Station- Sikandarpur, District Ballia.
The first anticipatory bail application of the applicant being Criminal Misc. Anticipatory Bail U/S 438 Cr.P.C. No. 16618 of 2021 was rejected vide order dated 1.11.2021 in non-prosecution.
Prior notice of this anticipatory bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P. This anticipatory bail application is thus being heard. Grant of further time to the learned A.G.A as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required.
Learned counsel for the applicant argued that the First Information Report was lodged against 151 persons including the applicant. It is argued that general and omnibus allegations have been levelled against the applicant. It is further argued that co-accused Harish Chandra has been granted protection of stay of arrest by a Division Bench of this Court of which I (Samit Gopal,J.) was one of the members vide order dated 22.6.2020 passed in Criminal Misc. Writ Petition No. 5802 of 2020 (Harish Chandra vs. State of U.P. and 2 others), copy of the said order is at page-55 of the paper book. It argued that in identical matters the applicant and the other co-accused persons have been granted anticipatory bail by other Benches of this Court, which are as follows:
(1) Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 10616 of 2021( Ram Palat vs. State of U.P. and another), order dated 26.7.2021;
(2) Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 86 of 2022 ( Ram Palat vs. State of U.P. and another), order dated 27.1.2022;
(3) Criminal Misc. Bail Application No. 10616 of 2021(Amreshwar Singh vs. State of U.P. and 2 others), order dated 19.11.2019;
(4) Criminal Misc. Bail Application No. 63 of 2020(Ram Murti Ram@Ram Murti vs. State of U.P. and 2 others), order dated 6.1.2020;
(5) Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 845 of 2021( Subhash Chandra Singh and 3 others vs. State of U.P. and 3 others), order dated 19.1.2021 and;
(6) Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 5800 of 2020 (Rabbul Almin vs. State of U.P. and 2 others), order dated 16.9.2020.
Copies of the said orders have been collectively annexed as annexure no. 4 to the affidavit in support of anticipatory bail application.
It is further argued while placing para-3 of the supplementary affidavit dated 6.4.2022, that the applicant is involved in the five other cases in which the applicant has been granted anticipatory bail by co-ordinate Benches of this Court. It is argued that the applicant was posted as Block Development Officer for three months only i.e. from 05.3.2004 to 23.6.2004 but the dispute in the present matter is of the year 2006. The applicant has retired from his service on 28.2.2015, para-8 of the affidavit has been placed for the same.
Per contra, learned State counsel opposed the prayer for anticipatory bail.
After having heard learned counsels for the parties and perusing the records, it is evident that co-accused Harish Chandra has been granted protection by a Division Bench of this Court in a writ petition. In identical matters the applicant and other co-accused persons have been released on anticipatory bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant Ram Palat, involved in the aforesaid case crime number, he shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on his 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 police station concerned with the following conditions:-
(i) the applicant shall make himself available for interrogation by a police office 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;
(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
The present anticipatory bail application under Section 438 Cr.P.C. is allowed.
(Samit Gopal,J.) Order Date :- 13.5.2022 Naresh