Allahabad High Court
Anurag Singh Chauhan vs State Of U.P. on 8 January, 2021
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 30 Case :- BAIL No. - 1643 of 2020 Applicant :- Anurag Singh Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar,Dilip Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant inF.I.R. No. 484 of 2019, under Sections 489A, 489B, 489C, 489D, 489E IPC, Police Station Maharajganj, District Raebareli with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant are that the applicant is innocent person, has been falsely implicated in the case and has no previous criminal history.
Learned counsel for the applicant, while drawing attention of the Court towards paras 6 and 8, submits that applicant was taken into custody at Lucknow, but his arrest has been shown from village Rani Ka Purwa. He also submits that recovery memo clearly reveals that from the possession of the applicant, his mobile phone was recovered, but its call detail was not collected by the Investigating Officer deliberately, because the location of the applicant would reveal the correct fact. It is also submitted that no offence under Sections 489A and 489D is made out. It is next submitted that till date, charge has not been framed and the applicant is in jail since 03.11.2019. It is, thus, submitted that the applicant is entitled for bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the investigation.
Learned A.G.A. opposes the prayer for grant of bail to the applicant and submits that fake currency amounting to Rs.30,000/- was recovered from the possession of the applicant. However, he concedes the fact that the mobile phone was recovered from the applicant, but the call detail report of the same has not been collected by the Investigating Officer.
Considering the rival submissions of learned counsel for parties, material available on record, as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant -Anurag Singh Chauhan be released on bail in F.I.R. No. 484 of 2019, under Sections 489A, 489B, 489C, 489D, 489E IPC, Police Station Maharajganj, District Raebareli, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 8.1.2021/VKS