Apil Verma Vs State of U.P. Thru Prin Secy Home Lko and Another

Neutral Citation No. - 2024:AHC-LKO:55873

Court No. - 14

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1415 of 2022

Applicant :- Apil Verma Opposite Party :- State Of U.P. Thru Prin Secy Home Lko And Another Counsel for Applicant :- Arvind Kumar Verma Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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The present application under Section 438 Cr.P.C. has been filed seeking anticipatory bail apprehending arrest in FIR/ Case Crime No.777 of 2022 for offence punishable under Sections 170, 389, 419, 420 of Indian Penal Code registered at Police Station- Kotwali Sadar, District- Kheri.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The co-ordinate Bench of this Court while granting interim protection vide order dated 31.08.2022 has passed the following order:-

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" Heard Sri Arvind Kumar Verma, learned counsel for the applicant and Sri Diwakar Singh, learned A.G.A. for the State and perused the material on record.

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The present anticipatory bail application has been filed on behalf of applicant Apil Verma, under Section 438 of the Code of Criminal Procedure, with a prayer to release him on anticipatory bail in Case Crime No. 777 of 2022 for offence punishable under Sections 170, 389, 419, 420 of Indian Penal Code registered at Police Station- Kotwali Sadar, DistrictKheri till the conclusion of trial, after rejecting the anticipatory bail application of the applicant by the Additional Session Judge, IIIrd, Kheri vide order dated 10.08.2022.

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As per allegations made in the First Information Report dated

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08.07.2022 15:48 hours which has been lodged by the first informant against the two persons, namely, Mohit and Sumit on 08.09.2022 stating therein that the first informant received information on phone by Siraj while he was busy in the performing his duty that two persons came to his house and they introduced themselves as official of Crime Branch and they told him that he has a stolen mobile phone, if he did not give, he would have to pay fine and would be sent to Jail. On the said information, police personnel reached the house of Siraj, where, two persons were already present. They were arrested and they disclosed their names of Mohit and Sumit. On query, they stated the name of the applicant.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that in the F.I.R., no specific role or involvement has been attributed to the applicant. It is further submitted that the name of the applicant has come into light in the statement of the co-accused Mohit and Sumit.

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It is further submitted that the applicant is no more required for custodial interrogation. It is further submitted that the applicant has no criminal antecedent to his credit. It is further contended that the applicant is ready to participate in the investigation.

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

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It is settled position of law that the anticipatory bail being an extraordinary privilege should be granted only in exceptional cases. Parameters for grant of anticipatory bail in a serious offence are required to be satisfied, where the Court is prima facie of the view that the applicant has falsely roped in the crime and would not misuse his liberty.

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Considering the facts and circumstances of the case and the law laid down by the Hon'ble Apex Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98, ground for grant of ad interim anticipatory bail is made out.

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Learned A.G.A.has accepted notice on behalf of opposite party

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no.1.

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Issue notice to the opposite party no. 2 through C.J.M. concerned returnable at an early date.

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Learned A.G.A. as well as learned counsel for the opposite party no.2 may file counter affidavit within two weeks.

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Rejoinder affidavit, if any, may be filed within one week thereafter.

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List on 22.09.2022for final hearing.

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In case of arrest, the applicant, Apil Verma, is directed to be enlarged on anticipatory bail till the hearing of the present application in above case crime number, on his furnishing personal bond of Rs. 25,000/- and two sureties each of like amount before the Station House Officer of Police Station/Court concerned with the following conditions:-

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(i) The applicant shall make himself available for interrogation by the police officer as and when required, if investigation is in progress;

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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 such person from disclosing such facts to the Court or to any police officer;

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(iii) The applicant shall not leave the country without the previous permission of the Court and if he has passport, the same shall be deposited by them before the S.S.P./S.P. concerned/Court concerned;

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(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked;

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(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order."

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Learned counsel for the applicant submits that charge-sheet in the matter has been filed. Applicant has co-operated in the investigation and further undertakes to cooperate in the trial. He has no criminal antecedent.

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Learned A.G.A. has vehemently opposed the bail application, however, could not dispute the fact that the applicant has no criminal history. He further submits that charge-sheet in the matter has been filed.

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On due consideration to the submissions advanced, perusal of the record so also the fact that charge-sheet in the matter has been filed, applicant has no criminal history, he has cooperated in the investigation and he shall cooperate in the trial, the interim protection granted by this Court vide order dated 31.08.2022 is made absolute in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.

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In view of the above, since, charge-sheet in the matter has been filed, the accused applicant- Apil Verma is directed to surrender before trial court, if he is summoned to face trial for offence in question. The accused applicant shall be released on bail by the trial court on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court concerned with the following conditions:-

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(i) 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 tamper with the evidence;

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(ii) The applicant shall not leave India without the previous

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permission of the court;

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(iii)The applicant shall not pressurize/ intimidate the prosecution witness;

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(iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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(v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;

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Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.

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

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In view of the aforesaid, the application is allowed.

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Order Date :- 13.8.2024 Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Apil Verma v. State of U.P. Thru Prin Secy Home Lko and Another

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