Rahul Srivastava and Another v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13197 of 2023 Applicant :- Rahul Srivastava And Another Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Kumar 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 Dharmendra Kumar, learned counsel for the applicants and Sri S.P. Pandey, 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 applicants in Case Crime No.574 of 2016, registered under Sections 419, 420 and 406 IPC at Police Station-Taraya Sujan, District Kushinagar with a prayer to enlarge them on anticipatory bail.

¶5As per prosecution story, the applicants are stated to have duped the first informant to the tune of Rs.71,000/- for sending the informant to Bahrain on job, instead he was sent to Maldives.

¶6Learned counsel for the applicants has stated that the applicants have been falsely implicated in the present case. They have nothing to do with the said offence. They are not employee of the embassy of any country whatsoever. Learned counsel has further stated that there is no previous criminal history of the applicants except an FIR No.407 of 2023 instituted subsequent to the instant FIR on 24.10.2023 at Police Station Sewrahi, District Kushinagar. The applicants have apprehension of their arrest. Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegations made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon at length. Learned counsel for the applicants undertakes that they have co-operated in the investigation and are 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 applicants.

¶8On due consideration to the arguments advanced by learned counsel for the applicants as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicants, the applicants are 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 applicants 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 applicants is allowed. Let the accused-applicants-Rahul Srivastava and Anil Srivastava 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 applicants shall make themselves available for interrogation by a police officer as and when required;

(ii). that the applicants 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 them from disclosing such facts to the court or to any police officer or tamper with the evidence;

(iii). that the applicants shall not leave India without the previous permission of the court;

(iv). that in case charge-sheet is submitted the applicants shall not tamper with the evidence during the trial;

(v). that the applicants shall not pressurize/ intimidate the prosecution witness;

(vi). that the applicants 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 :- 16.12.2023 Ravi Kant (Krishan Pahal, J.) High Court of Judicature at Allahabad