Naresh and 2 Others Vs State of U.P. Thru. Prin. Secy. Home and Another

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Neutral Citation No. - 2024:AHC-LKO:66835

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1514 of 2022

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Applicant :- Naresh And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another

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Counsel for Applicant :- Pankaj Kumar Srivastava,Suresh Chand Rathour

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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 Complaint Case No.9629 of 2016 arising out of FIR/Case Crime No. 32 of 2014, under Sections 419, 420, 467, 468 I.P.C. registered at Police Station Kotwali Dhaurhara, District Lakhimpur Kheri.

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

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None appears for the complainant although notices are served. The Co-ordinate Bench of this Court while granting interim protection vide order dated 14.09.2022 has passed the following order:-

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"Heard Sri Pankaj Kumar Srivastava, learned counsel for applicant and Sri Amit Kumar Dwivedi, learned A.G.A. for the State and perused record.

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The present anticipatory bail application under Section 438 Cr.P.C. has been filed for grant of anticipatory bail as the accused-applicant is apprehending his arrest in connection with Complaint Case No. 9629 of 2016 arising out of FIR/Case Crime No. 32 of 2014, under Sections 419, 420, 467, 468 I.P.C. registered at Police Station Kotwali Dhaurhara, District Lakhimpur Kheri.

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Learned counsel for the applicant has submitted that the coaccused Subhash Verma and another filed Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No. 1432 of 2022

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(Subhash Verma and Another Vs. State of U.P. Thru. Prin. Secy. Home Lko. and Another) and they have been granted inerim anticipatory bail by this Court vide order dated 01.09.2022. It has been submitted that the role of the applicants are same as assigned to the co-accused, namely, Subhash Verma and Brij Kishore.

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On the other hand, learned A.G.A. opposed the prayer for bail, but could not dispute the aforesaid facts.

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Bearing in mind the threat and apprehension as expressed by the applicants, let learned A.G.A. file counter affidavit/instructions within two weeks.

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

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List on the expiry of the aforesaid period.

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In view of the fact that co-accused Subhash Verma and Brij Kishore have been granted anticipatory bail in same case crime by this Court, therefore, the applicants who are involved in aforementioned case crime are also entitled to be granted interim anticipatory bail.

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Without expressing any opinion on the merits, the bail application is allowed.

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In the meanwhile and till the next date of listing, let the accused-applicants, namely, Naresh, Anees and Babu be released on interim anticipatory bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned and after the concerned verifying the sureties before issuing release order, subject to following conditions:

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(i) That the accused-applicants shall make themselves available for interrogation by police authorities as and when required and will cooperate with the investigation;

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(ii) That the accused-applicants 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; and (iii) That the accused-applicants shall not leave India without the previous permission of the Court.

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(iv) The applicants shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicants is deliberate or without sufficient cause, then it shall

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be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against them in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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The papers regarding bail submitted to the police officer on behalf of the accused/applicants shall form part of the case diary and would be submitted to the court concerned along with same at the time of submission of report under Section 173(2) Cr.P.C.

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It is made clear that observations made in granting 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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Learned counsel for the applicants submits that charge-sheet in the matter has been filed. Applicants have co-operated in the investigation and further undertake to cooperate in the trial.

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Learned A.G.A. has vehemently opposed the bail application, however, could not dispute the fact 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, applicants have cooperated in the investigation and they shall cooperate in the trial, the interim protection granted by this Court vide order dated 14.09.2022 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 aforesaid, the application is allowed.

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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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Order Date :- 26.9.2024 Saurabh Yadav/-

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

Naresh and 2 Others v. State of U.P. Thru. Prin. Secy. Home and Another

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Naresh and 2 Others v. State of U.P. Thru. Prin. Secy. Home and Another

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