Ashok Singh Yadav v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12275 of 2023 Applicant :- Ashok Singh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Siddhartha Baghel,Prateek Mishra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Supplementary affidavit filed today is taken on record.

¶3Heard Sri Prateek Mishra, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State as well as perused the record.

¶4The present anticipatory bail application has been filed on behalf of the applicant in Criminal Case No.12163 of 2023 arising out of Case Crime No.159 of 2021, registered under Sections 186, 332, 353, 504, 506 IPC and Section 3/5 of Public Property Damage Prevention Act at Police Station-Robertsganj, District Sonebhadra with a prayer to enlarge him on anticipatory bail.

¶5As per prosecution story, the named accused persons and some unknown persons are stated to have been found involved in passing over loaded trucks through the toll-plaza Obra, Sonbhadra on 04.04.2021.

¶6Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. He is not named in the FIR. His name has come up later on the in the supplementary statement of the informant recorded by the Investigating Officer. Had the applicant committed the offence, his name would have come up at the stage of lodging of the FIR itself? Several 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. The criminal history of five cases assigned to the applicant stands explained. He is not a previous convict. The applicant has apprehension of his arrest. Learned counsel for the applicant undertakes that he has co-operated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.

¶7Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicant.

¶8On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1". The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.

¶9In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant-Ashok Singh Yadav be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(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 the previous permission of the court;

(iv). that in case charge-sheet is submitted 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;

(vii). that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

¶10It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial. Order Date :- 23.11.2023 Ravi Kant (Krishan Pahal, J.) High Court of Judicature at Allahabad