Pramod Kumar v. State of U.P. and Another

Court No. - 71 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11159 of 2023 Applicant :- Pramod Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pavan Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J.

¶1Supplementary affidavit has been filed today, is taken on record.

¶2Heard Mr. Pavan Kumar Mishra, learned counsel for the applicant and learned Additional Government Advocate for the State.

¶3This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Complaint Case No.62 of 2010 arising out of Case Crime No.396A of 2010, under Section 380 IPC, Police Station Thana Bhawan, District Shamli.

¶4Learned counsel for the applicant submits that applicant has been falsely implicated in the present case just to harass the applicant.The applicant has never committed any offence as alleged in the impugned complaint. He further submits that it is a cross case. Earlier the applicant has lodged FIR against the informant side due to which the informant has lodged the impugned FIR through an application under Section 156 (3) Cr.P.C.Nothing has been recovered either from the possession or pointing out of the applicant but the court below without considering these aspect has wrongly summoned the applicant to face trial. He further submits that till date only warrant has been issued and no proceeding under Section 82 and 83 have been issued against the applicant. The applicant is having no previous criminal history. He further submits that applicant has apprehension of imminent arrest and in case, the applicant is released on anticipatory bail, he will not misuse the liberty and would co-operate with the trial.

¶5Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for anticipatory bail of the applicant.

¶6Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, he 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

¶98The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.

¶7In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant-Pramod Kumar, involved in the aforesaid complaint case 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:-

(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.

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

(iii) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.

(iv) 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.

(v) 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.

(vi) 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 his bail and proceed against his in accordance with law.

¶8In 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.

¶9With the aforesaid observations/ directions, the application is disposed of. Order Date :- 6.11.2023/Ajeet High Court of Judicature at Allahabad