This court granted anticipatory bail to the applicant in connection with an FIR for cheating and forgery, subject to conditions of cooperation and not leaving the country without permission.
Anticipatory bail granted on furnishing personal bond of Rs.50,000 with sureties, subject to conditions of cooperation and staying in India.
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Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5865 of 2022 Applicant :- Abhishek Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Sharad Kumar, learned Advocate holding brief for Sri Dhirendra Kumar Srivastava, learned counsel for the applicant and Sri Vibhav Anand Singh, learned Additional Government Advocate for the State and perused the records.
The applicant is seeking anticipatory bail in connection with Case Crime No.- 101 of 2022, under Sections 407, 411, 420, 467, 468, 471 IPC, Police Station - Mughalsarai, District - Chandauli.
As per the allegations in the FIR, the two trucks bearing nos. UP 67 AT 1033 and UP 67 AT 1096 were supposed to be supplied at Chattisgarh, instead the said drivers were said to have been sold the coal at Chandasi Mughalsarai Mandi, Chandauli.
Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. Learned counsel has stated that even the FIR indicates the persons to be responsible are the drivers of the said trucks. The applicant had entered into an agreement with an agency namely, Ishwar Road Lines, GT Road, Chandauli, and has nothing to do with the said offence. The offence, if any, is committed, it is by the persons who have been arrested. It is further stated that applicant is co-operating in the investigation and is ready to cooperate in future also. There is no likelihood of the applicant repeating the said offence, if any. There is no criminal history and, therefore, he is entitled for protection from this Court.
Learned Additional Government Advocate has opposed the prayer for anticipatory bail.
Considering the overall facts and circumstances of the case, this Court is of the opinion that the applicant Abhishek Kumar Yadav deserves to be granted anticipatory bail in connection with the aforesaid case.
Accordingly, the anticipatory bail application is disposed of with following directions:-
(A) In the event of arrest of the applicant involved in aforesaid case shall be released on anticipatory bail till the submission of police report, if any, under section 173(2) Cr.P.C. before the competent Court on his/her furnishing a personal bond of Rs.50,000/- with two sureties each of the like amount to the satisfaction of the Station House Officer of the police station concerned;
(B) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation;
(C) 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; and
(D) The applicant shall not leave India without the previous permission of the Court.
In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 28.9.2022 Shalini
Digitally signed by SHALINI JAISWAL Date: 2022.09.29 17:16:17 IST Reason: Location: High Court of Judicature at Allahabad
Abhishek Kumar Yadav
Krishan Pahal
As recorded by the court registry
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