Deepu Pandit @ Dilip Adhujya v. State of U.P

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11737 of 2023 Applicant :- Deepu Pandit @ Dilip Adhujya Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Dubey Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.

¶1Supplementary 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- Deepu Pandit @ Dilip Adhujya in connection with Case Crime No. 501 of 2022, under section 384 IPC, P.S.- Etmadadulla, District-Agra.

¶4It is alleged that some persons were realising parking fee forcibly from the members of the public at a Nagar Nigam parking and three out of them were arrested by the police on spot and on the basis of the their statement the name of the present applicant came into light. After investigation charge sheet has been submitted.

¶5It 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. It is further submitted that the name of the present applicant came into light on the basis of statement of the co-accused persons. It is further submitted that the criminal history of the applicant is explained in the affidavit and he has been cooperative during course of investigation. It is further submitted that co-accused

¶1Anuj Chauhan, 2. Rinka Pandit @ Rinku Bhardwaj, 3. Tinku @ Sumit Kumar, 4. Ritesh Sisodhiya have already been granted anticipatory bail by this Court in Cr. Misc. Anticipatory Bail Application U/S 438 CR.P.C. No. - 10379 of 2023 by order dated 15.9.2023. In case applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail.

¶6Learned A.G.A. has opposed the prayer for anticipatory bail.

¶7In the present case the offences levelled against the applicant are punishable with the imprisonment for a maximum period upto seven years. After filing of charge sheet no custodial interrogation is required.

¶8In 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.

¶9It 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.

¶10It 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.

¶11Hence, 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.

¶12The anticipatory bail application is allowed accordingly.

¶13In 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 he has passport, the same shall be deposited by her before the S.S.P./S.P. concerned.

¶14In 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 :- 24.11.2023 Fhd High Court of Judicature at Allahabad