This court considered an anticipatory bail application filed by Rajan Chaudhary under Section 438 Cr.P.C. rejecting arguments from the State. The court observed the applicant was falsely implicated and granted bail allowing the investigation to continue.
The applicant shall be enlarged on anticipatory bail in Case Crime No. 233 of 2018
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Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2959 of 2022
Applicant :- Rajan Chaudhary @ Monu Opposite Party :- State Of U.P And Another Counsel for Applicant :- Vikrant Rana Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Vikrant Rana, learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
The present bail application has been filed on behalf of applicant Rajan Chaudhary @ Monu under Section 438 of the Code of Criminal Procedure, with a prayer to release him on anticipatory bail in Case Crime No. 233 of 2018 for offence punishable under Sections 353, 504, 506, 427, 147 of the Indian Penal Code, registered at Police Station- Pallavpuram, DistrictMeerut, till the conclusion of the trial, after rejecting the anticipatory bail application of the applicant by Additional Sessions Judge/Special Judge Special Court No. 2 (Prevention of Corruption Act), Meerut vide order dated 24.02.2022.
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 contended that the applicant is not named in the first information report and the first information report of the present case has been lodged by the Officer of Regional Transport Office (E) against two named and one unknown persons. It is further submitted that during investigation one co-accused Vikrank Chaudhary and Vimal Jain have been arrested and they have not disclosed anything about the applicant in their confessional statement. It is further submitted that on 15.08.2018 after about 1 month and 20 days on the basis of information of mukhbir khas (special informer) name of the applicant has been implicated in the present case along-with two other co-accused persons Monu Dhankhad, Neetu Jain @ Yashu Jain. It is further submitted that Investigating Officer issued a notice under Section 41-A of Cr.P.C. and has submitted the charge sheet against the applicant and 6 other co-accused persons. It is further submitted that applicant runs a restaurant at Pallav Puram, Meerut. It is next submitted that named co-accused Pradeep, Rajeev Mehta and Neetu Jain @ Yashu Jain have been granted interim bail by the court below and the copy of the bail order is annexed as Annexure No. 12 of the affidavit. 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 on 19.4.2022.
Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant, but could not point out anything adverse against the applicant.
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 crime and would not misuse his liberty.
Considering the facts and circumstances of the case and the law laid down by the 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.
In case of arrest, the applicant, Rajan Chaudhary @ Monu 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:-
(i) The applicant shall make himself available for interrogation by the police officer as and when required, if investigation is in progress;
(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;
(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;
(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 ;
(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.
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.
With the aforesaid directions, the present Anticipatory Bail Application is allowed.
Order Date :- 11.5.2022 T. Sinha
Digitally signed by TRIPTI SINHA Date: 2022.05.13 17:30:56 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether anticipatory bail may be granted to the applicant in the present matter.
Whether the applicant has made out a prima facie case for release on bail.
Colour shows how this judgement treated each authority
Sushila Aggarwal Vs. State (NCT of Delhi)Referred¶11
Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98 · Who else cites this
1 provisions across 1 enactments
Rajan Chaudhary @ Monu
State Of U.P
Sanjay Kumar Pachori
As recorded by the court registry
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