Chand Babu Vs the State of U.P. Thru. Prin. Secy. Deptt. of Home and Another

Neutral Citation No. - 2024:AHC-LKO:4054

Court No. - 15

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 73 of 2024

Applicant :- Chand Babu Opposite Party :- The State Of U.P. Thru. Prin. Secy. Deptt. Of Home And Another Counsel for Applicant :- Mohammad Imaran,Mohd. Vakar Khan

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Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Learned A.G.A. informs that he has procured complete instructions in the matter including up-to-date case diary.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

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The instant application has been moved by the applicant- Chand Babu in Case Crime No. 256 of 2018, under Sections 419, 420, 406 and 506 I.P.C., Police Station Achalganj, District Unnao, with the prayer to enlarge him on anticipatory bail.

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Learned counsel for the applicant while pressing the anticipatory bail application submits that the applicant has been falsely implicated in this case and he has not committed any offence as claimed by the informant and other alleged victims.

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It is further submitted that the allegations of the F.I.R., which are primafacie false, have been investigated by the investigating officer and during the course of investigation applicant has cooperated through out and it is on this score the investigating officer did not get any occasion or opportunity to arrest the applicant and the charge sheet has now been filed without making arrest of the applicant.

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It is further submitted that since the investigating agency has not arrested the applicant, the applicant is apprehending his arrest by the Court as when he will appear before the trial court for the purpose of getting regular bail, as per the practice prevailed in the trial courts, the disposal of his regular bail application may take sometime and in the meantime he may be confined in prison and since he has not been arrested by the investigating agency, there is every chance that he may be arrested by the Court and may be confined in prison. Therefore,

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his apprehension is genuine. The applicant undertakes that he will cooperate in the trial as he has cooperated in the investigation and would remain present before the trial court as and when his presence would be required. Applicant is not having any criminal history.

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Learned A.G.A. on the other hand opposes the prayer of anticipatory bail of the applicant but could not dispute the fact that during the course of investigation without there being any order of any Court the investigating officer chooses not to arrest him and the charge sheet has been filed without making arrest of him.

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Having heard learned counsel for the parties and having perused the record, it is reflected that the charge sheet against the applicant has been filed in the concerned Court without making his arrest during the course of investigation. The submission of learned counsel for the applicant, having regard to the law laid down by the Hon'ble Supreme Court in Siddharth v. State of UP : 2021 SCC OnLine SC 615 and in Satender Kumar Antil Vs. Central Bureau of Investigation and others : (2021) 10 SCC 773, is to the tune that since he has not been arrested by the investigating agency, he is apprehending arrest by the Court and as when he will be appear before the trial court for the purpose of obtaining regular bail, he may be sent to jail during the course of his disposal of regular bail application. Thus, the apprehension of the applicant appears to be genuine and since he has not been arrested by the investigating agency during the course of investigation and the offences pertaining to which the charge sheet has been filed are punishable with up to seven years of imprisonment, he is not having any criminal history, his prayer for anticipatory bail may be accepted.

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Thus, the instant anticipatory bail application moved on behalf of the applicant- Chand Babu is allowed and it is provided that in the event of arrest of the applicant under any process of the trial court issued involved in the above noted case or on his surrender before the trial court within 20 days from today, whichever is earlier, he shall be released forthwith on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties in the like amount to the satisfaction of the S.H.O. concerned/Investigating/Arresting officer/Trial Court, subject to the following conditions:

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(i). The applicant if not arrested earlier, shall surrender before the trial court within 20 days from today and will cooperate in the trial.

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(ii). The applicant shall Cooperate in the investigation and will make himself available as and when required by the Investigating officer of the case, even for the recovery of any fact, in case of further investigation.

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(iii). The applicant shall not make any attempt to influence the prosecution witnesses and will also not commit any crime during his release on anticipatory bail.

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(iv). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and specially when the prosecution witnesses are present in court.

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(v). 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.

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If in the opinion of the trial court default of any of the condition placed above 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 shall proceed against him in accordance with law.

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It is clarified that all the observations contained in this order are only for disposal of this anticipatory bail application and shall not affect the trial proceedings in any manner.

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Order Date :- 16.1.2024 Praveen

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Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Chand Babu v. the State of U.P. Thru. Prin. Secy. Deptt. of Home and Another

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Chand Babu v. the State of U.P. Thru. Prin. Secy. Deptt. of Home and Another

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