Ankit Lal vs State of U.P.

Heard Shri Vinay Saran, learned Senior Advocate assisted by Ms. Akshita Goel, learned counsel for the applicant, Shri B.P. Singh, learned A.G.A. for the State and perused the record.

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The present application has been moved seeking anticipatory bail in Case Crime no.121 of 2023, under Sections 406, 420, 504, 506 of I.P.C., Police Station Kotwali, District Bareilly, with the prayer that in the event of arrest, applicant may be released on bail.

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It has been argued by the learned Senior Counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It is further submitted that a civil dispute has been given colour of criminality. It is further submitted that the applicant was served a notice under Section 41A Cr.P.C. during investigation and now the charge sheet in this case has already been submitted. It is further submitted that the applicant is ready and willing to cooperate in the trial.It is further submitted that as per allegations in the first information report, the first informant is said to have obtained the building of the applicant on rent for some commercial purposes, however, a dispute arisen between the applicant and the Bareilly Development Authority and the Bareilly Development Authority sealed the premises, which was taken by the first informant on rent, thereby causing financial loss to the first informant. It was also submitted that applicant undertakes to cooperate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is

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granted anticipatory bail, he shall not misuse the liberty of bail and will cooperate with the investigation and would obey all conditions of bail.

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On the other hand, learned AGA submits that the applicant has not explained his entire criminal history.

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It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.

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In the event of arrest of the applicant- Ankit Lal involved in the aforesaid case crime shall be released on interim anticipatory bail till 30.03.2026 on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned, with the following conditions :-

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(i) The applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned;

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

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(iii) The applicant would co-operate during trial and would not misuse the liberty of bail.

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(iv) The applicant shall not leave India without prior permission of the Court concerned.

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In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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