Ashok Singh v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12808 of 2023 Applicant :- Ashok Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Rai,Om Prakash Rai Counsel for Opposite Party :- G.A.,Vibhendu Mishra Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Om Prakash Rai, learned counsel for the applicant, Sri Vibhendu Mishra, learned counsel for the informant and Sri V.KS. Parmar, 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 Crime No.85 of 2023, registered under Sections 420, 467, 468, 471 I.P.C. at Police Station-Kavi Nagar, District-Ghaziabad with a prayer to enlarge him on anticipatory bail.

¶4As per prosecution story, the applicant is stated to have forged the death certificate of the informant and had applied for transfer of 2400 shares from Tata Motors as legal heir.

¶5Learned counsel for the applicant has stated that he has been falsely implicated in this case. The applicant very well knows that no shares can be transferred on the basis of death certificate. Learned counsel has stated that the transfer of share certificate, if any, can be taken up only after procuring the succession certificate. Learned counsel has further stated that there is criminal history of two cases assigned to the applicant. The FIR/Case Crime No.231 of 1995, under Section 308 I.P.C. was also instituted by one and the same informant and the applicant has been acquitted in it, although appeal is pending before this Court.

¶6Learned counsel for the applicant has further stated that the another FIR has been instituted by the same informant against the applicant of having forged the Will-deed of his father. In the said FIR/Case Crime No.231 of 1995, the applicant and his father both were arrayed as accused by the same informant, as such, it is but natural that his father would execute the Will-deed in favour of the applicant. All the prosecutions have been initiated by one and the same informant just to send the applicant somehow behind the bars.

¶7Several 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 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.

¶8Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicant.

¶9On 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.

¶10In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant-Ashok Singh 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.

¶11It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial. Order Date :- 30.11.2023 Vikas [Krishan Pahal, J.] High Court of Judicature at Allahabad