Subash v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11232 of 2023 Applicant :- Subash Opposite Party :- State of U.P. Counsel for Applicant :- Mahesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Arun Kumar Sharma, Advocate learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State as well as perused the record.

¶3The present anticipatory bail application has been filed on behalf of the applicant in Case No. 5235 of 2012, registered under Sections 395, 452, 436, 323, 427 I.P.C. at Police Station-Jansha, District-Varanasi with a prayer to enlarge him on anticipatory bail.

¶4As per prosecution story, the applicant alongwith four other co-accused persons is stated to have committed dacoity in the house of the informant and robbed Rs.60,000/- and ornaments from his house on 3.4.2007 at about 07:00 p.m.

¶5Learned counsel for the applicant has stated that he has been falsely implicated in this case. There is overwriting in the date of offence as the month has been changed from 3.3.2007 to

3.4.2007. Learned counsel has stated that closure report was filed in the present matter, but on the basis of protest petition the case was treated as complaint case and the applicant and other co-accused persons have been summoned vide order dated

7.4.2010 by the Trial Magistrate. Learned counsel has further stated that the applicant is serving in CRPF and was appointed in the year 2007 itself. The instant FIR has just been instituted out of vengeance to dissuade the applicant from getting the said job.

¶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. There is no criminal antecedent of the applicant. The applicant has apprehension of his arrest. Learned counsel has stated that 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-Subash be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond 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 :- 29.11.2023/ Vikas [Krishan Pahal, J.] High Court of Judicature at Allahabad