Single judge anticiapatory bail application allowed in a case involving cheating, extortion, and criminal conspiracy. Court enlarged applicant on personal bond and sureties with standard conditions, citing Sushila Aggarwal.
Release of the applicant on personal bond of Rs. 50,000/- and two sureties of same amount on specified conditions.
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Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9834 of 2022
Applicant :- Ashish Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shamimul Hasnain,Mohd. Naushad Ahmad Khan
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Shamimul Hasnain, learned counsel for the applicant and Sri Ram Prakash Patel, learned A.G.A. for the State as well as perused the record.
The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.227 of 2021, under sections 420, 384, 386, 506, 120-B, IPC, Police Station Kotwali, District Ghaziabad.
As per prosecution story, the applicant demanded ransom of Rs.20 lacs from the informant and the applicant threatened the informant for dire consequences.
Learned counsel for the applicant has submitted that the informant is the cashier of the Vishal Sahakari Awash Samiti Ltd., Ghaziabad and the applicant has deposited an amount of Rs.20 lacs towards the said housing society and in respect of the said amount the present FIR has been lodged. The said allotment letter dated 27.11.2004 in on record as annexure no.4 to the affidavit filed in support of the application. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. Learned counsel for the applicant further stated that the investigation is going on and the charge-sheet has not yet been filed. Learned counsel for the applicant has also stated that the applicant has cooperated in the investigation and undertakes that he will cooperate in the investigation in future also failing which the State can move appropriate application for cancellation of the anticipatory bail.
The prayer for anticipatory bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the coaccused has not been disputed by him.
On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in
the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1" . The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Janu be released forthwith in the aforesaid case crime (supra) on anticipatory bail on furnishing a personal bond of Rs.50,000/- and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial or deciding the regular bail application.
Order Date :- 12.10.2022
VKG
Digitally signed by VIJAY KUMAR GUPTA Date: 2022.10.14 09:18:42 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to anticipatory bail in the pending criminal case.
Whether to grant bail with conditions in case of charge-sheet filing and presence of co-accused.
Colour shows how this judgement treated each authority
Sushila Aggarwal Vs. State (NCT of Delhi)Explained¶11
Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1 · Who else cites this
2 provisions across 2 enactments
Ashish Kumar
State of U.P.
Krishan Pahal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
