Harvansh Rai Alias Harvanshlal Choudhary Vs State of U.P. and 2 Others

Neutral Citation No. - 2023:AHC:97973

Court No. - 83

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13251 of 2022

Applicant :- Harvansh Rai Alias Harvanshlal Choudhary Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Amit Daga Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard Sri Amit Daga, learned counsel for the applicant as well as Sri Rohit Dubey, learned A.G.A. for the State and also perused the record.

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The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 479 of 2022, under Section 409 of IPC, Police Station Bindki, District Fatehpur, with a prayer to enlarge him on anticipatory bail.

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Admittedly, the applicant was granted interim anticipatory bail vide order dated 10.01.2023.

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Learned counsel for the applicant has stated that the applicant is maliciously being prosecuted in the present case due to ulterior motive and has apprehension of his arrest. The applicant has nothing to do with the said offence as alleged by the prosecution. Learned counsel has further stated that the applicant was Sub-Inspector at the time of incident and now he is retired. He had undertaken the investigation in Case Crime No.267 of 2012 but he is stated to have not returned the documents related to the said case. He was relieved from the said police station as such, he ceased to be the Investigating Officer and at the time of relinquishing his charge, he has submitted the documents and was not supposed to take them in court concerned. Learned counsel has further stated that the offence, if any, committed is by the subsequent Investigating Officer.

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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. It is further submitted that the applicant has no criminal antecedents. In case, the anticipatory bail application of the applicant is allowed, he will not misuse the liberty and shall cooperate with trial.

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On the other hand, learned A.G.A. has vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history.

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Considering the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in the case of " Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98 ", the applicant is entitled to be granted anticipatory bail in this case.

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Without expressing any opinion upon ultimate merits of the case either ways which may adversely affect the trial of the case, the anticipatory bail application of the applicant is allowed .

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In the event of arrest of the applicant, Harvansh Rai Alias Harvanshlal Choudhary involved in the aforesaid case crime number, shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:-

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i. that the applicant shall make himself available for interrogation by a police officer as and when required;

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ii. that 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 or tamper with the evidence;

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iii. that the applicant shall not leave India without previous permission of the court;

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iv. that the applicant shall not tamper with the evidence during the trial; v. that the applicant shall not pressurize/ intimidate the prosecution witness;

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vi. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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In case of breach of any of the above conditions, the court below shall have the liberty to cancel the bail granted to the applicant.

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It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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(Justice Krishan Pahal)

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Order Date :- 8.5.2023 Siddhant

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Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad

Harvansh Rai Alias Harvanshlal Choudhary v. State of U.P. and 2 Others

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Harvansh Rai Alias Harvanshlal Choudhary v. State of U.P. and 2 Others

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