Allowed

Kailash @ Kailash Chand Chaprasi v. State of U.P. and Another

Allahabad HC21 Nov 2023ABAIL/12330/2023

Case brief

AI extract

What is this about?

The High Court considered an anticipatory bail application filed by an employee implicated in an embezzlement case. Granting bail conditions precedent, the court disbursed global confinement and directed cooperation with the trial.

What did the court decide?

Enlarged the applicant on anticipatory bail subject to personal bond of Rs.50,000/- with sureties and specific surrender conditions.

Kailash @ Kailash Chand Chaprasi Vs State of U.P. and… — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:220228

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Court No. - 71

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12330 of 2023

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Applicant :- Kailash @ Kailash Chand Chaprasi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nisha Mishra,Vinod Shankar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard Mrs. Nisha Mishra, learned counsel for the applicant and learned Additional Government Advocate for the State.

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This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 359 of 2023 (State Vs. Kailash @ Kailash Chand) under Sections 379, 409 I.P.C., Police Station- Amroha Dehat, District- Amroha.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The applicant is IV Class employee in Gajraula Cane Department, the applicant has no concern with the alleged embezzlement of money. She further submitted that there are other accused persons who are higher to the applicant has concern with the alleged embezzlement. No recovery has been made against the applicant. The applicant has no criminal history. Learned counsel for the applicant further submits that applicant has apprehension of imminent arrest and in case, applicant is released on anticipatory bail, he will not misuse the liberty and would co-operate with the trial.

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Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant but could not dispute the submissions raised by learned counsel for the applicant.

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Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, he is directed to be enlarged on

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anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 . The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.

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In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant- Kailash @ Kailash Chand Chaprasi, involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-

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(i) 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.

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(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 from disclosing such facts to the Court or to any police officer.

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(iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.

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(iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.

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(v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.

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(vi) In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.

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(vii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against his in accordance with law.

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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.

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With the aforesaid observations/ directions, the application stands disposed of .

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It is made clear that the co-accused persons cannot claim the right to parity with the present accused as their role is distinguished from the present accused.

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Order Date :- 21.11.2023 Krishna*

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Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad

Kailash @ Kailash Chand Chaprasi v. State of U.P. and Another

Case brief

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Kailash @ Kailash Chand Chaprasi v. State of U.P. and Another

Case brief

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