Saket Kumar Dwivedi Vs State of U.P. and Anr.

Court No. - 15

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12971 of 2021

Applicant :- Saket Kumar Dwivedi Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Sharvan Kumar Pandey,Km. Anjali Gautam

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Counsel for Opposite Party :- Govt. Advocate

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Hon'ble Sanjay Kumar Pachori,J.

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Heard Shri Sharvan Kumar Pandey, learned counsel for the applicant, Sri Akhilesh Kumar Vyas, learned A.G.A. for the State and perused the material on record.

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The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant, namely, Saket Kumar Dwivedi in Case Crime No. 163 of 2021, under Sections 420, 467, 468, 272, 273, 255 of the IPC and Sections 60 and 64 of the U.P. Excise Act, Police Station - Sirsiya, District - Shravasti after rejecting anticipatory bail application of the applicant by Sessions Judge, Shrawasti vide order dated 17.09.2021.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that the F.I.R. has been lodged by the Sub-Inspector, Rajendra Kanaujiya who has no power to conduct raid in a licensee liquor shop as per notification no. 636E-2/2011-16/2011 dated 31.03.2011 which provides that the power shall be exercised by the Deputy Superintendent of Police only. It is further submitted that the seized article is released in favour of the present applicant by the court concerned and District Magistrate imposed Rs.79,580/- fine over Rajendra Kanaujiya, Sub-Inspector. It is further submitted that the applicant has no criminal history. It is further submitted that interim anticipatory bail of the applicant has been granted by this Court on 15.11.2021. It is further submitted that the applicant is ready to participate in the investigation.

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Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant.

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It is settled position of law that the anticipatory bail being an extraordinary privilege should be granted only in exceptional cases. Parameters for grant of anticipatory bail in a serious

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offence are required to be satisfied, where the Court is prima facie of the view that the applicant has falsely roped in the crime and would not misuse his liberty.

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Considering the facts and circumstances of the case and the law laid down by the Hon'ble Apex Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98 , ground for grant of anticipatory bail is made out.

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In case of arrest, the applicant, Saket Kumar Dwivedi is directed to be enlarged on anticipatory bail in above case crime number till the conclusion of trial, on his furnishing personal bond of Rs. 25,000/- and two sureties each of like amount before the Station House Officer of Police Station/Court concerned with the following conditions:-

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(i) The applicant shall make himself available for interrogation by the police officer as and when required, if investigation is in progress;

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(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 such person from disclosing such facts to the Court or to any police officer;

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(iii) The applicant shall not leave the country 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/Court concerned;

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(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked ;

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(v) 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.

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The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order.

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A copy of this order shall also be produced before the S.P/S.S.P concerned by the applicants, within a week, if the investigation is still in progress, who shall ensure compliance of this order.

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With the aforesaid directions, the present Anticipatory Bail

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Application is allowed .

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Order Date :- 8.9.2022 Anurag, APS

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Digitally signed by ANURAG SINGH Date: 2022.09.13 10:51:49 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Saket Kumar Dwivedi v. State of U.P. and Anr.

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Saket Kumar Dwivedi v. State of U.P. and Anr.

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