Allowed

Kishan Pyari v. State of U.P. and Another

Allahabad HC2 Jan 2025ABAIL/12222/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a second anticipatory bail application filed by Kishan Pyari in the Hathras district, distinguishing it from a previous rejected bail plea by accepting fresh grounds of debt settlement and clean antecedent record.

What did the court decide?

Directed to be enlarged on anticipatory bail on personal bond of Rs.50,000 with two sureties subject to specified conditions including cooperation with investigation and presence for Section 313 Cr.P.

Kishan Pyari vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:121

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Court No. - 35

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12222 of 2024

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Applicant :- Kishan Pyari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kripa Shanker Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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This second Anticipatory Bail Application has been filed seeking anticipatory bail in Case Crime No.549 of 2021, under Sections 420, 467, 468, 471 I.P.C., Police StationSikandrarao, District-Hathras during the pendency of investigation.

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The first bail application of the applicant was heard and rejected by this Court vide order dated 27.7.2023 passed in Criminal Misc Bail Application No.7506 of 2023.

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Heard Sri Kripa Shanker Yadav, learned counsel for the applicant and learned AGA for the State as well as perused the material on record.

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Learned counsel for the applicant argued that the present second anticipatory bail application is being pressed on the fresh ground that the applicant has deposited entire loan amount with interest on 26.11.2024 before the concerned bank, copy of the bank receipt is annexed as Annexure No.4 to the affidavit. He further submits that co-accused, namely, Ram Babu, Seetu, Manoj Pratap Sisodiya Dharmveer, Pravin Kumar, Smt. Pushpa Devi and Devendra Singh, who have been granted anticipatory bail by this Court as well as co-ordinate Bench of this Court vide orders dated 19.10.2023, 5.4.2024, 24.4.2024, 6.5.2024 and 14.5.2024 in Criminal Misc. Anticipatory Bail Application Nos. 10169 of 2023, 2946 of 2024, 11446 of 2023, 4208 of 2024, 12058 of 2023. He submits that the applicant has no criminal history. Learned counsel for the applicant further submitted that applicant has apprehension of imminent arrest, and in case, applicant is released on anticipatory bail, she will not misuse the liberty and would co-operate with the trial.

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Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant but could not dispute the aforesaid fact.

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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, she 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- Kishan Pyari, involved in the aforesaid crime be released on anticipatory bail till conclusion of trial on furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-

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(i) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation.

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

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(iv) The applicant shall surrender her passport, if any, to the concerned Court forthwith. Her passport will remain in custody of the concerned Court.

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(v) 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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(vi) 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.

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(vii) 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 her bail and proceed against her in accordance with law.

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In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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With the aforesaid observations/ directions, the application is allowed.

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Order Date :- 2.1.2025 Krishna*

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Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad

Kishan Pyari v. State of U.P. and Another

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Kishan Pyari v. State of U.P. and Another

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