Allahabad High Court
Akash Bhadauriya @ Akash Singh And Ors. vs State Of U.P. on 27 May, 2022
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 28 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2050 of 2021 Applicant :- Akash Bhadauriya @ Akash Singh And Ors. Opposite Party :- State of U.P. Counsel for Applicant :- Devendra Kumar Srivastava,Priyanka Pandey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
Heard Sri Devendra Kumar Srivastava, learned counsel for the applicants and learned A.G.A. for the State as well as perused the record.
The present application has been moved seeking anticipatory bail in Case Crime no. 0024 of 2018, under Section 419, 420, 120B, 189 IPC and 08 Prevention of Corruption Act, Police Station- Badhpura, District- Etawah, with the prayer to enlarge them on anticipatory bail.
As per prosecution story, the applicants are said to have duped various persons on the pretext that they shall get their work of illegal mining and transporting of the said goods through various police check posts done.
Learned counsel for the applicants has argued that the applicants are absolutely innocent and have been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize them. There is no criminal history against the applicants. The charge sheet has been filed. It is further stated that applicants are co-operating in the investigation and are ready to cooperate in future also. There is no likelihood of the applicant repeating the said offence, if any. Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegations made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon at length.
Learned A.G.A. has opposed the prayer for grant of anticipatory bail but unable to dispute the fact that there is no criminal history.
On due consideration to the arguments advanced by learned counsel for the parties and in view of the law laid down by the Apex Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98", the applicants are entitled to be released on anticipatory bail in this case.
In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest, let the accused-applicants- Akash Bhadauriya alias Akash Singh, Anku Bhadaurya alias Anuj Singh and Jaiki Bhadauriya alias Vikas Kumar Singh, be released forthwith in the aforesaid case crime (supra) on bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. that the applicants shall make themselves available for interrogation by a police officer as and when required;
2. that 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 officer or tamper with the evidence;
3. that the applicants shall not leave India without the previous permission of the court;
4. that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant;
5. that the applicants shall not pressurize/ intimidate the prosecution witness;
6. that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted;
7. that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial or deciding the regular bail application.
Order Date :- 27.5.2022 Shalini