Anand Kumar Vs State of U.P. Thru. Prin. Secy. Home Lko. and 5 Others

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Neutral Citation No. - 2024:AHC-LKO:45602

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Court No. - 28

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1468 of 2024

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Applicant :- Anand Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 5 Others

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Counsel for Applicant :- Shivendra S Singh Rathore,Abhishek Upadhyay,Bhavesh Chandel,Sachin Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant, Sri Nirmal Kumar Pandey, learned A.G.A. for the State and perused the record.

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The instant second transit anticipatory bail application under section 438 of Cr.P.C. has been filed in Case Crime No.11197025240773/2024 under sections 406, 420, 114, 120B, 465, 471, 467, 468, 408 and 409 of the I.P.C., Police StationKarjan, District-Vadodara Rural, Gujarat.

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The contention of counsel for the applicant is that applicant is innocent and has falsely been implicated in the instant matter. He further submits that the applicant is named in the F.I.R. In fact, name of the applicant has been implicated only on the basis of the confessional statement and the departmental interrogation was done by the company, namely, TBEA Energy (India) Private Limited having its registered office at TBEA Green Energy Park, National Highway No.8, Village Miyagam, Karjan, Gujarat. He further submits that in fact, there is no cogent piece of evidence against the applicant so as to connect him with the instant matter and only on the basis of suspicion, he has been implicated. Adding his arguments, he submits that the applicant was initially appointed as Senior Engineer and then was posted as Assistant Manager and he was never involved in committing any offence as is alleged in the F.I.R. Further submits that the applicant is a law abiding citizen and there is no previous criminal history of the applicant as is mentioned in paragraph 18 of the affidavit filed in support of the application and he undertakes that he will not misuse the liberty of bail if granted and he would co-operate in the investigation and trial proceedings as well. Thus, submission is that the applicant is entitled for grant of transit/anticipatory bail.

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On the other hand, learned A.G.A. has opposed the contentions

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aforesaid and submits that after investigation in the Department itself, it was found that the applicant was involved in committing the offence, and, therefore, the F.I.R. was lodged against the applicant. He next submits that in fact, the nature of the allegation is serious as the applicant has committed fraud and fabrication and, therefore, he is not entitled for release on transit/anticipatory bail as is being sought by him.

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Having heard counsel for the parties and after perusal of material placed on record, it transpires that at present, the applicant is working as Assistant Manager in the company and initially, he was posted as Senior Engineer; once the incident has taken place, his name came into light only on the basis of a confessional statement; prima facie, there seems to be no cogent piece of evidence against the applicant; the applicant has no previous criminal antecedent; and he has undertaken that he would not misuse the liberty of bail and would co-operate with the investigation and trial proceedings

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This Court is also not unmindful of the Judgment of Bombay High Court in case of Teesta Atul Setalvad & another Vs. State of Maharashtra & others (vide Anticipatory Bail Application No.14 of 2024, decided on January 31, 2014) wherein it was held that the High Court of one State can grant transit bail in respect of a case registered within the jurisdiction of another High Court in exercise of power under Section 438 of the Code of Criminal Procedure whereby the anticipatory bail for limited period can be granted to enable the person to move the appropriate court. Further reason is that the curtailment of liberty of individual cannot be compromised on the anvil of powers. Further in case of Nikita Jacob Vs. The State of Maharashtra (Anticipatory Bail Application No.441 of 2021 decided on 17.2.2021) , the above said priniciple is reiterated. It appears from the said judgement that there is no fetter on the part of the High Court in exercising the power under Section 438 of the Code in granting anticipatory bail for a limited period.

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Hence, this court directs that in the event of arrest of applicant Anand Kumar in connection with F.I.R. No.11197025240773/2024, he shall be released on transit bail on executing personal bond of Rs.50,000/- with two sureties of like amount.

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This protection is granted to the applicant, only for a period of four weeks, from the date of this order to enable the applicant to approach the competent court within the state of Gujarat for seeking appropriate relief.

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It is made clear that observations made hereinabove are exclusively for deciding the instant transit/anticipatory bail application and shall not affect the trial.

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The instant application is hereby disposed of .

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Order Date :- 4.7.2024 Ram Murti

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

Anand Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and 5 Others

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Anand Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and 5 Others

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