Rakesh Singh v. State of U.P. and Another

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2318 of 2023 Applicant :- Rakesh Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hans Nath Pandey Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.

¶1Rejoinder affidavit filed today is taken on record.

¶2Heard learned counsel for the applicant, learned AGA and perused the material available on record.

¶3This application for anticipatory bail has been filed by applicant-Rakesh Singh in connection with Case Crime No. 509 of 2022, under sections 420, 467, 468 IPC and Section 3 The Prevention of Damage to Public Property Act, P.S. Malpura, District Agra.

¶4It has been submitted by the learned counsel for the applicant that applicant is innocent and he has apprehension of arrest in the above-mentioned case, whereas there is no credible evidence against him. Allegations levelled against the applicant are false. Charge sheet in the matter has been submitted. In case applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail.

¶5It is alleged in the F.I.R. that he is the owner of tractor bearing no. RJ11RA8833, which was given an illegal registration number and involved in the illegal transportation and when the said vehicle was checked, the driver fled away from the spot. The F.I.R. was lodged on 17.11.2022 and investigation started which has been culminated into charge sheet in this matter.

¶6It is further submitted that a number plate bearing the registration number of the tractor was not visible at the time of inspection due to mud and as a matter of fact, the registration number was not fabricated. It is also submitted that the vehicle of the applicant was not involved in any act of illegal mining or illegal transportation of sand. It is further submitted that he is having no criminal antecedent to his credit. It is next submitted that the applicant has been cooperative with the I.O. of the case during the course of investigation and now after filing of the charge sheet, he is entitled for anticipatory bail.

¶7Learned A.G.A. has opposed the prayer for anticipatory bail. It has been vehemently argued that after collecting ample and sufficient evidence, the charge sheet has been submitted in this matter against the present applicant.

¶8Although the charge sheet has been submitted in this matter, but in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, the Hon'ble Apex Court has settled the controversy finally by holding the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial. It has been further held therein that anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till end of trial. It has been further held by the Hon'ble Apex Court that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, llikelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion.

¶9Hence, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion of the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till conclusion of trial in the matter.

¶10The anticipatory bail application is allowed.

¶11In the event of arrest of the applicant in the aforesaid case crime, he shall be released on anticipatory bail 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 :-

(i) 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 from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(ii) The applicant shall not pressurize/ intimidate the prosecution witness.

(iii) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

(iv) The applicant shall not leave India without prior permission of the Court and if they have passport, the same shall be deposited by him before the S.S.P./S.P. concerned.

¶12In case of breach of any of the above conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of anticipatory bail of the applicant in accordance with law. Order Date :- 16.10.2023 Shivangi High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad