Allowed

Amit Pratap Singh Rana v. State of U.P. and Another

Allahabad HC11 Dec 2024ABAIL/11684/2024

Case brief

AI extract

What is this about?

This court granted anticipatory bail to the applicant in a cheating and criminal conspiracy case registered against him. The court directed the applicant to furnish a personal bond with two sureties and comply with specific conditions regarding passport surrender and appearance in court.

What did the court decide?

Anticipatory bail granted to the applicant on furnishing a personal bond with two sureties and compliance with eight specified conditions.

Amit Pratap Singh Rana vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:194154

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Court No. - 48

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11684 of 2024

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Applicant :- Amit Pratap Singh Rana Opposite Party :- State of U.P. and Another Counsel for Applicant :- Narendra Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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

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The instant anticipatory bail application has been filed on behalf of the applicant, Amit Pratap Singh Rana, with a prayer to release him on bail in Case No. 435 of 2022, arising out of Case Crime No. 174 of 2019, under Sections- 409, 120-B IPC, Police Station- Akrabad, District- Aligarh, during pendency of trial.

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The applicant was earlier enlarged on anticipatory bail for limited period till submission of police report. Charge sheet has been submitted against him hence the applicant is again before this court after rejection of his anticipatory bail by the court below.

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Learned counsel for the applicant submits that it is a case of false implication of the applicant. He was Centre Incharge at Wheat Purchase Centre, Dhanur (Panaithi) and without opportunity of hearing he was saddled with the liability of Rs. 5,75,180/- which he has already deposited. He undertakes to cooperate with the trial. The applicant has definite apprehension that he may be arrested by the police any time.

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Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant. He has submitted that in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail. The apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear, anticipatory bail cannot be granted.

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After considering the rival submissions, this Court finds that there is a case registered against the applicant. It cannot be definitely said when the police may apprehend him. After the lodging of F.I.R, the arrest can be made by the police at will. There is no definite period fixed for the police to arrest an

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accused against whom an F.I.R has been lodged. The courts have repeatedly held that arrest should be the last option for the police and it should be restricted to those exceptional cases where arresting the accused is imperative or his custodial interrogation is required. Irrational and indiscriminate arrests are gross violation of human rights. In the case of Joginder Kumar v. State of Uttar Pradesh AIR 1994 SC 1349, the Apex Court has referred to the third report of National Police Commission wherein it is mentioned that arrests by the police in India is one of the chief source of corruption in the police. The report suggested that, by and large, nearly 60 percent of the arrests were either unnecessary or unjustified and that such unjustified police action accounted for 43.2 percent of expenditure of the jails. Personal liberty is a very precious fundamental right and it should be curtailed only when it becomes imperative. According to the peculiar facts and circumstances of the case, the arrest of an accused should be made.

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Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant and also the second surge in the cases of novel coronavirus and possibility of further surge of the pandemic, he is directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 . The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.

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In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-

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The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.

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The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.

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

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The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.

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In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and the Government Advocate/informant/complainant can file bail cancellation application.

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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. If in the opinion of the trial court, default of this condition 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 proceed against him in accordance with law.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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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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Order Date :- 11.12.2024 Rohit

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Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad

Amit Pratap Singh Rana v. State of U.P. and Another

Case brief

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Amit Pratap Singh Rana v. State of U.P. and Another

Case brief

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