Allowed

Anshuman Mishra v. State of U.P.Thru C.B.I. Anti Corruption Lko.

Allahabad HC20 Oct 2022/12664/2021

Case brief

AI extract

What is this about?

The High Court allowed an anticipatory bail application under Section 438 Cr.P.C. The court held that the applicant's prior cooperation in investigation and lack of discovery of incriminating circumstances against him justified protecting his liberty until the conclusion of the trial, subject to specific conditions.

What did the court decide?

Anti-copacpitatory bail granted till conclusion of trial on furnishing fresh personal bond and two fresh sureties of Rs. 50,000/- each.

Anshuman Mishra Vs State of U.P.Thru C.B.I. Anti… — Anticipatory Bail | Allahabad HC (2022)

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Court No. - 13

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12664 of 2021

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Applicant :- Anshuman Mishra Opposite Party :- State Of U.P.Thru C.B.I. Anti Corruption Lko.

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Counsel for Applicant :- Sachin Chaturvedi Counsel for Opposite Party :- Anurag Kumar Singh

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Sachin Chaturvedi, learned counsel for the applicant and Sri Dharmendra Pratap Singh, holding brief of Sri Anurag Kumar Singh, learned counsel for the CBI.

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It has been informed at the Bar that this anticipatory bail application has been filed after filing of the charge sheet.

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This Court has passed the order dated 02.11.2021 granting interim anticipatory bail to the applicant, which reads as under:-

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"Heard the counsel for the applicant and Shri Anurag Kumar Singh, learned counsel representing the C.B.I.

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The present Criminal Misc. Anticipatory Bail Application has been filed under Section 438 Cr.P.C. seeking anticipatory bail in FIR No.RC0062017A0018, under Section 120-B, 409, 420, 467, 468, 471, 477A IPC and 13 (2) read with Section 13 (1) (d) Prevention of Corruption Act, Police Station- C.B.I. ACB., District- Lucknow during pendency of trial.

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It has been argued by learned counsel for the applicant that in the departmental proceedings, the appellate authority has held the applicant to be liable only for negligence and therefore not liable for dismissal from service. It has been further argued that without considering the aforesaid departmental enquiry and the orders of the appellate authority, First Information Report has been registered against the applicant who has no role in the transactions referred in the First Information Report.

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Shri Anurag Kumar Singh, learned counsel representing the C.B.I. prays for and is granted three weeks' time to file counter affidavit.

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Considering that in the departmental proceedings, the applicant has been held to be negligent, the applicant is entitled to interim protection till the next date of listing.

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In view of above, it is provided that in case of arrest of the applicantAnshuman Mishra in the above mentioned case, he shall be released on anticipatory bail on his furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/ Investigating Officer

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subject to the following conditions:-

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(1) The applicant shall make himself available for interrogation or for discovery of any fact by a police officer as and when required;

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(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;

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(3) The applicant shall not leave the District concerned without the previous permission of the Court.

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List after three weeks."

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Learned counsel for the applicant has submitted that in compliance of the aforesaid order, the present applicant has cooperated in the investigation and has never misused the protection so given by this Court. On account of his proper cooperation in the investigation, charge sheet has been filed. Learned counsel has further submitted that the present applicant undertakes that he shall cooperate in the trial proceedings, therefore, his liberty may be protected till conclusion of the trial.

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Learned counsel for the CBI has opposed the aforesaid prayer but could not dispute the submissions so made by the learned counsel for the applicant.

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Therefore, without entering into merits of the issue; considering the arguments of the learned counsel for the parties; contents and allegations of the FIR; other material available on record; the order dated 02.11.2021 whereby the applicant has been granted interim anticipatory bail; the fact that the applicant has cooperated in the investigation; charge sheet has been filed; the applicant has not flouted the liberty of bail so granted earlier and his undertaking that he shall cooperate in the trial proceedings, I find it appropriate that liberty of the present applicant may be protected till conclusion of the trial in view of the dictum of the Hon'ble Apex Court in re; Sushila Aggarwal vs. State (NCT of Delhi), 2020 SCC online SC 98 . Accordingly, liberty of the present applicant is protected till conclusion of the trial in the same terms and conditions as have been indicated in the order dated 02.11.2021 on his furnishing a fresh personal bond and two fresh sureties of Rs.50,000/- each before the learned trial court with other conditions, which are as under:-

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that the applicant shall not pressurize/ intimidate the prosecution witness;

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that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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that in case of breach of any of the above conditions, the court below shall have the liberty to cancel the bail.

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Before parting with, learned trial court is directed to conduct and conclude the trial with expedition and no unnecessary adjournment shall be given to any of the parties.

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In the aforesaid terms, the instant anticipatory bail application is allowed .

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[Rajesh Singh Chauhan,J.]

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Order Date :- 20.10.2022 RBS/-

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Digitally signed by RAM BIR SINGH Date: 2022.10.21 19:17:04 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Anshuman Mishra v. State of U.P.Thru C.B.I. Anti Corruption Lko.

Case brief

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Anshuman Mishra v. State of U.P.Thru C.B.I. Anti Corruption Lko.

Case brief

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