Brijesh Kumar Shahi @ Brijesh Kumar Singh v. State of U.P. and Another

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11356 of 2023 Applicant :- Brijesh Kumar Shahi @ Brijesh Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mayank Bhushan Nath Tripathi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record.

¶2Heard Sri Mayank Bhushan Nath Tripathi, learned counsel for the applicant and Sri V.K.S. Parmar, learned A.G.A. for the State and also perused the record.

¶3The present anticipatory bail application has been filed on behalf of the applicant in Criminal Case No.39418 of 2023, State Vs. Brijesh Kumar Shahi and Others arising out of F.I.R./Case Crime No. 476 of 2022, under Sections 420, 467, 468, 471, 379, 406, 506, 120-B of IPC, Police Station Chiluwatal, District Gorakhpur, with a prayer to enlarge him on anticipatory bail.

¶4As per prosecution story, the applicant in collusion with other co-accused persons are stated to have sold the land to the informant despite knowing the fact that there was a civil suit pending between the parties and there was stay in it, as such, he has duped the first informant to the tune of Rs.5 lakhs.

¶5Learned counsel for the applicant has stated that the applicant is maliciously being prosecuted in the present case due to ulterior motive and has apprehension of his arrest. He has nothing to do with the said offence as alleged by the prosecution. Learned counsel has further stated that the property has been mutated in the name of the informant. In all four FIRs were instituted against the applicant and other co-accused persons on the same day.

¶6Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. It is further submitted that the applicant has no previous criminal history. In case, the anticipatory bail application of the applicant is allowed, he will not misuse the liberty and shall cooperate with trial.

¶7On the other hand, learned A.G.A. has vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no previous criminal history.

¶8Considering the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98", the applicant is entitled to be granted anticipatory bail in this case.

¶9Without expressing any opinion upon ultimate merits of the case either ways which may adversely affect the trial of the case, the anticipatory bail application of the applicant is allowed.

¶10In the event of arrest of the applicant, Brijesh Kumar Shahi @ Brijesh Kumar Singh involved in the aforesaid case crime number, shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:- i. that the applicant shall make himself available for interrogation by a police officer as and when required; ii. 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence; iii. that the applicant shall not leave India without previous permission of the court; iv. that the applicant shall not tamper with the evidence during the trial; v. that the applicant shall not pressurize/ intimidate the prosecution witness; vi. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

¶11In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant.

¶12It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. (Justice Krishan Pahal) Order Date :- 27.10.2023 Siddhant High Court of Judicature at Allahabad