Allowed

Rakesh Garg v. State of U.P. and 2 Others

Allahabad HC5 May 2022ABAIL/1725/2022

Case brief

AI extract

What is this about?

The court granted interim anticipatory bail to the applicant under Section 438 Cr.P.C. after rejecting a similar application by the Sessions Judge, holding that exceptional circumstances warrant granting the privilege to prevent false implication.

What did the court decide?

Granted interim anticipatory bail on personal bond of Rs. 25,000 and two sureties with specific restrictions.

Rakesh Garg Vs State of U.P. and 2 Others — Anticipatory Bail | Allahabad HC (2022)

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Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1725 of 2022 Applicant :- Rakesh Garg Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Dharam Veer Singh Counsel for Opposite Party :- G.A.,Devendra Kumar Yadav

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Hon'ble Sanjay Kumar Pachori,J.

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Heard Shri Dharam Veer Singh, learned counsel for the applicant, 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, Rakesh Garg in Case Crime No. 637 of 2021, under Sections 420, 467, 468, 471, IPC, Police Station - Iglas, District - Aligarh after rejecting anticipatory bail application of the applicant by Sessions Judge, Aligarh vide order dated 7.2.2022.

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The submission of the learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. First information report has been lodged on the basis of false and frivolous allegations. It is further submitted that as per allegation of first information report, applicant has no concern with other co-accused Varun Chandra and Vishal Chandra, who are real beneficiary of the alleged forged affidavit, which is alleged to have been prepared by Varun Chandra to obtain transfer of electric connection in his favour. The applicant is real brother of first informant.

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The applicant is no more required for custodial interrogation. The applicant has no criminal history and he has not undergone any imprisonment after conviction by any court of law in relation to any cognizable offence previously. It is further contended that the applicant is ready to participate in the investigation. The applicant was granted interim anticipatory bail by this court vide order dated 23.03.2022.

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Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant, however, nothing adverse has been pointed out against 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 offence are required to be satisfied, where the Court is prima facie of the view that the applicant has falsely roped in the

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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 ad interim anticipatory bail is made out.

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In case of arrest, the applicant, Rakesh Garg is directed to be enlarged on interim anticipatory bail till the hearing of the present application in above case crime number, 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. 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 applicant, 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 Application is allowed.

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Order Date :- 5.5.2022/PS

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Digitally signed by POOJA SHARMA Date: 2022.05.24 16:47:49 IST Reason: Location: High Court of Judicature at Allahabad

Rakesh Garg v. State of U.P. and 2 Others

Case brief

What is this about?

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Rakesh Garg v. State of U.P. and 2 Others

Case brief

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