Prabhat Kumar v. State of U.P

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13719 of 2023 Applicant :- Prabhat Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Hardev Singh,Ramesh Chandra Agrahari Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.

¶1This application has been moved on behalf of the applicant - Prabhat Kumar seeking anticipatory bail in Case Crime No. 277 of 2020, under Sections 406, 420, 467, 468 IPC, Police Station Kotwali, District Fatehpur.

¶2Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶3It is 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. It is further submitted that the applicant was only an employee in the liquor go-down of the owner. It is also submitted that at the time of police raid at the go-down, the applicant was not present there. It is further submitted that the applicant alongwith other co-accused person had approached this Court through Criminal Misc. Writ Petition No. 10792 of 2020 wherein vide order dated 11.11.2020 a protection was granted to him till submission of police report under Section 173(2) CrPC. It is also submitted that after submission of charge sheet, an application U/S 482 No. 29813 of 2021 was preferred by the applicant alongwith co-accused but the same was dismissed vide order dated 5.3.2022. After completion of investigation, charge sheet has been submitted in the matter and the applicant had been cooperative during investigation. No process under Sections 82 and 83 CrPC has been issued against the applicant and the applicant has not been declared absconder. In case applicant is granted anticipatory bail, he will not misuse the liberty of bail and would obey all conditions of bail.

¶4Learned A.G.A. opposed the prayer for anticipatory bail and submitted that ample evidence has been collected against the applicant and he has played a big fraud and Rs. 8,50,000/- were misappropriated by him in association of co-accused but however he could not dispute this factual aspect of the matter that during investigation he has been cooperative and has no criminal history to his credit.

¶5I have considered the rival submissions made by the learned counsel for the parties.

¶6The liquor go-down of the owner was seized as it was found open in the lock-down period during COVID-19 and when subsequently it was reopened the police on a raid found some unauthorized persons selling the liquor and the present applicants were challaned also with the allegation that by fraud some stock of liquor was sold by the present applicant alongwith other co-accused person without factually showing the sale. After lodging the F.I.R. investigation started which culminated into charge sheet. After submission of charge sheet no custodial interrogation is required.

¶7In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, the Hon'ble Apex Court has settled the law on the subject finally by holding that the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial. It 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. It 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, likelihood 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.

¶8In Aman Preet Singh v. CBI, (2022) 13 SCC 764, the Hon'ble Apex Court has held that : "11. A reading of the aforesaid shows that it is the guiding principle for a Magistrate while exercising powers under Section 170CrPC which had been set out. The Magistrate or the Court empowered to take cognizance or try the accused has to accept the charge-sheet forthwith and proceed in accordance with the procedure laid down under Section 173CrPC. It has been rightly observed that in such a case the Magistrate or the Court is required to invariably issue a process of summons and not warrant of arrest. In case he seeks to exercise the discretion of issuing warrants of arrest, he is required to record the reasons as contemplated under Section 87CrPC that the accused has either been absconding or shall not obey the summons or has refused to appear despite proof of due service of summons upon him. In fact the observations in sub-para (iii) above by the High Court are in the nature of caution.

¶12Insofar as the present case is concerned and the general principles under Section 170CrPC, the most apposite observations are in sub-para (v) of the High Court judgment in the context of an accused in a non-bailable offence whose custody was not required during the period of investigation. In such a scenario, it is appropriate that the accused is released on bail as the circumstances of his having not been arrested during investigation or not being produced in custody are itself sufficient to entitle him to be released on bail. The rationale has been succinctly set out that if a person has been enlarged and free for many years and has not even been arrested during investigation, to suddenly direct his arrest and to be incarcerated merely because charge-sheet has been filed would be contrary to the governing principles for grant of bail. We could not agree more with this."

¶9Considering the settled principles of law regarding anticipatory bail, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till the end of trial.

¶10The application is allowed accordingly.

¶11In the event of arrest of the applicant, 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 make himself available before the Court concerned on the date fixed in the matter and will cooperate in the trial.

(ii) 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/her from disclosing such facts to the Court or to any police office.

(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. Concerned.

¶12In case of default of any of the conditions, the same may be a ground for cancellation of protection granted to the applicant. Order Date :- 12.12.2023 safi High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad