Allowed

Anuj Kumar Patel v. State of U.P. and 2 Others

Allahabad HC2 Nov 2023ABAIL/11709/2023

Case brief

AI extract

What is this about?

Criminal Misc. application for anticipatory bail under Section 438 CrPC was allowed. The High Court held it is a fit case for bail pending the filing of the police report, considering the applicant's cooperation and lack of criminal history, subject to specific conditions.

What did the court decide?

Anticipatory bail granted pending filing of police report under Section 173(2) CrPC on personal bond of Rs.50,000 with two sureties.

Anuj Kumar Patel Vs State of U.P. and 2 Others — Anticipatory Bail | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:210021

¶2

Court No. - 73

¶3

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11709 of 2023

¶4

Applicant :- Anuj Kumar Patel Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Shard Singh Counsel for Opposite Party :- G.A.

¶5

Hon'ble Nalin Kumar Srivastava,J.

¶6

This application has been moved on behalf of the applicant Anuj Kumar Patel seeking anticipatory bail in Case Crime No. 80 of 2023, under Sections 419, 420, 467, 468, 471 IPC, and 6/10 U.P. Public Examination Act, P.S. Kotwali, District Varanasi.

¶7

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶8

It has been submitted by the learned counsel for the applicant that applicant is innocent and he has apprehension of arrest in the above-mentioned case, whereas there is no credible evidence against him. Allegations levelled against the applicant are false. It is further submitted that the applicant had applied for the post of Gram Panchayat Adhikari and Gram Vikas Adhikari in the year 2018 and examination for the said post was conducted in the year 2023 and during the said period the applicant got selected for the post of Clerk Group-C in Central Government Agricultural Department, which was a better service than that mentioned in the F.I.R. and that is why he did not appear in the said examination. It is also submitted that he is totally unaware of the fact that how and why some other person appeared in his place in the said examination as an imposter. The investigation of the case is goingon and applicant is cooperating with the same. The applicant has no criminal history to his credit. It has been submitted that in case applicant is granted anticipatory bail, he will not misuse the liberty of bail and will co-operate in the investigation and would obey all conditions of bail.

¶9

Learned A.G.A. has opposed the prayer for anticipatory bail.

¶10

I have considered the rival submissions made by the learned counsel for the parties.

¶11

From the perusal of the record it reveals that investigation in the case is going on and the applicant is said to be cooperating with the same. Applicant has no criminal history to his credit.

¶12

In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1 , the Hon'ble Apex Court has held that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, likelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion.

¶13

In Siddharth Vs. State of Uttar Pradesh & Another, (2022) 1 Supreme Court Cases 676 , the Hon'ble Apex Court has held that personal liberty is an important aspect of our constitutional mandate. The occasion to arrest an accused during investigation arises when custodial investigation becomes necessary or it is a heinous crime or where there is a possibility of influencing the witnesses or accused may abscond. Merely because an arrest can be made because it is lawful does not mandate that arrest must be made. A distinction must be made between the existence of the power to arrest and the justification for exercise of it. If arrest is made routine, it can cause incalculable harm to the reputation and self-esteem of a person. If the Investigating Officer has no reason to believe that the accused will abscond or disobey summons and has, in fact, throughout cooperated with the investigation, then there is no compulsion on the officer to arrest the accused.

¶14

Considering the settled principles of law regarding anticipatory bail, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till filing of police report under Section 173(2) CrPC before the Competent Court.

¶15

10. The application is allowed accordingly.

¶16

In the event of arrest of the applicant, he shall be released on anticipatory bail on his furnishing a personal bond of Rs.50,000/with two sureties each in the like amount to the satisfaction of Station House Officer of the police station concerned with the

¶17

following conditions:-

¶18

(i) The applicant shall make himself available for interrogation by a police officer as and when required.

¶19

(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 him/her from disclosing such facts to the Court or to any police office.

¶20

(iii) The applicant shall not leave India 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.

¶21

In case of default of any of the conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of protection granted to the applicant.

¶22

Order Date :- 2.11.2023

¶23

safi

¶24

Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad

Anuj Kumar Patel v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Anuj Kumar Patel v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dharmendra Kumar Vs State of U.P.

Santosh Pal Vs State of U.P. and Another

Jawaharlal Seth and 3 Others Vs State of U.P. and Another

Rajababu Vs State of U.P.and Another

Prakhar Jain Vs State of U.P.

Rajbali Prajapati and Another Vs State of U.P. . and Another