Allowed

Ram Chandra Verma @ Ram Chandr v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC20 Aug 2024ABAIL/1863/2024

Case brief

AI extract

What is this about?

The Allahabad High Court considered an anticipatory bail application filed under Section 438 Cr.P.C. regarding an offence under the ES Act. Relying on the interim protection granted earlier and the bail of a co-accused, the court made the interim protection absolute without examining the merits.

What did the court decide?

The interim protection granted in the order dated 20.08.2024 is made absolute by granting anticipatory bail to the applicant.

Ram Chandra Verma @ Ram Chandr vs State of U.P… — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:66367

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1863 of 2024 Applicant :- Ram Chandra Verma @ Ram Chandr Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Rajiv Raman Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in case crime No.154 of 2016 under sections 3/7 E.C. Act, P.S. Biswan, district Sitapur.

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Heard learned counsel for the applicant and learned A.G.A. for the State who has opposed the bail.

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This Court while giving interim protection has passed the following order on 20.08.2024:-

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"1.The present anticipatory bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in case crime No.154 of 2016 under sections 3/7 E.C. Act, P.S. Biswan, district Sitapur.

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2.Heard learned counsel for the applicant and learned A.G.A. for the State who has opposed the bail.

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3.In the prosecution case, it is alleged that on an information from informer on 15.5.2016 to the effect that at Biswan Reusa path near Bholaganj crossing, Jai BalaJi Rice & Floor Mill is storing grains relating to Public Distribution Scheme, a raid was conducted. The person present on the spot has told his name as Kanhaiya Lal who was Chowkidar of the Mill. He took the names of co-accused Ram Chandra and the present applicant Neeraj Verma alias Jhallar. Truck No.UP41T2690 was found standing on the spot, in which 500 bags of rice were found, 1874 bags of rice were found separately and another 1358 bags of rice were found at a separate place having different names of mill, State and Marka. No document could be produced regarding the alleged grains. Thus, the premises was sealed.

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4.Learned counsel for the applicant submits that the charge sheet was filed in the year 2018. The applicant has cooperated throughout the investigation. He has no criminal history. He further undertakes to cooperate in the trial. The applicant has been falsely implicated. The offence is punishable upto seven years.

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5.Learned counsel for the applicant submits that the role of the applicant is similar to that of the co-accused Neeraj Kumar Verma alias Jhallar who has been granted anticipatory bail vide order date 12.8.2024 passed by this Court in Anticipatory Bail No.1766 of 2024. The applicant seeks parity. Learned counsel for the applicant undertakes that the applicant

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shall cooperate in the trial.

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6. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel.

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7.Issue notice to respondent No.2.

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8.List on 10.9.2024. In the meantime, counter affidavit may be filed.

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9.Considering the above aspects of the matter, perusal of the record, the fact that the co-accused named above has been granted anticipatory bail vide order referred to above, as also the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C.

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10. Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court.

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The applicant shall cooperate in the trial and he will not influence the witnesses. The applicant shall not leave India without previous permission of the Court.

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11. In case of default, it would be open for the trial court to proceed in accordance with law."

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Learned A.G.A. has opposed the bail application.

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Considering the interim protection granted by this court vide order extracted above which has not been misused by the applicant; co-accused Neeraj Kumar Verma who was assigned similar role has been granted anticipatory bail vide order dated 12.08.2024 passed in CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1766 of 2024, so also the fact that the applicant has no criminal antecedent; there is nothing on record to show that he has not cooperated in the investigation; charge sheet in the matter has been filed and without expressing any opinion on the merit of the case, I am of the opinion that the interim protection granted earlier is liable to be and is hereby made absolute.

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The application is allowed accordingly.

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Order Date :- 24.9.2024/R.C.

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

Ram Chandra Verma @ Ram Chandr v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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Ram Chandra Verma @ Ram Chandr v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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