Held that the applicants are entitled to anticipatory bail on submission of personal bond and sureties. Directed release upon arrest subject to standard conditions.
Anticipatory bail granted on furnishing personal bond of Rs. 50,000 with two sureties each. Direction for release upon arrest.
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Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2626 of 2022
Applicant :- Sukhpal And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Ram Raj Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Singh Chauhan,J.
Heard learned counsel for the applicants and the learned Additional Government Advocate for the State.
By means of present anticipatory bail application, the applicants have shown their apprehension of arrest in Case Crime No. 221 of 2020 u/s 379 IPC & section 4/21 Mines & Minerals Act, P.S. Baghpat, District Baghpat. It has been further submitted that the applicants have been falsely implicated in this case as they have not committed any offence as alleged in the F.I.R.
Learned counsel for the applicant has further submitted that the present applicants have cooperated with the investigation and charge-sheet has already been filed. He has informed that the applicants have not been arrested till filing of the charge-sheet, therefore, after filing of charge-sheet their arrest may not be warranted unless there is any material available with the investigating agency to suggest that the present applicants have committed any serious offence. Besides, the attention has been drawn towards the order dated 16.4.2022 passed by this Court in a case of co-accused persons in Criminal Misc. Case No. 3984 of 2022 granting anticipatory bail to the co-accused persons namely, Vijaypal, Arvind and Yashpal, therefore, on the principles of parity the present applicants may also be granted similar orders.
Per contra, learned AGA has opposed the aforesaid prayer but could not dispute the aforesaid submissions of learned counsel for the applicant. Learned AGA has also submitted that since the similar order being granted in favour of three co-accused persons is a matter of record, therefore, he has nothing to say.
Having heard learned counsel for the parties and having perused the material available on record as well as the orders passed in favour of co-accused persons, I find it a fit case to grant anticipatory.
Accordingly, the anticipatory bail application is allowed .
Therefore, it is directed that in the event of arrest,
applicants- Sukhpal, Harpal and jagveer shall be released on anticipatory bail in the aforesaid case crime number on their furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the arresting authority/ court concerned with the following conditions:-
[Rajesh Singh Chauhan,J.]
Order Date :- 5.7.2022 Om.
Digitally signed by OM PRAKASH MISHRA Date: 2022.07.05 18:08:49 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicants are entitled to anticipatory bail in the case?
3 provisions across 3 enactments
Sukhpal
Harpal
Jagveer
Rajesh Singh Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
