Sudhanshu Misra v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2201 of 2023 Applicant :- Sudhanshu Misra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Shamshad Ahmad,Mohammad Shahzad Ahmad Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Shamshad Ahmad, the learned counsel for the applicant as well as Sri Anant Pratap Singh, the learned Additional Government Advocate appearing on behalf of the State and perused the records.

¶2The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.367 of 1998, under Sections 419, 420, 467, 468 I.P.C., registered at Police Station Tarabganj, District Gonda.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 18.12.1998 by the Sector Manager of Sahara India Mutual Benefit Company Ltd., alleging that the applicant had filed a complaint against the Sub-Inspector before the District Consumer Dispute Redressal Forum on the basis of a fake investment certificate.

¶4In the affidavit filed in support of the anticipatory bail-application, it has been contended that the applicant is innocent, he has no criminal history and he has falsely been implicated in the present case. Earlier, the applicant had filed an application u/s 482 Cr.P.C. No.675 of 2000 and his arrest was stayed by means of the order dated 31.05.2000.

¶5Subsequently, the aforesaid application was dismissed and a supplementary affidavit has been filed on behalf of the applicant stating that the applicant's counsel did not communicate dismissal of the application and vacation order of stay to him, for this reason, the applicant could not approach this Court earlier.

¶6The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegation is regarding a fake certificate filed in quasi judicial proceeding which have not been decided even after expiry of more than 25 years and no finding in this regard has been recorded by the tribunal; that the applicant has no criminal history and earlier his arrest was stayed by this Court, coupled with the fact that the applicant has no criminal history and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.

¶8In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Sudhanshu Misra before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:

(i). That the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted;

(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 pressurize/ intimidate the prosecution witness; (Subhash Vidyarthi, J.) Order Date :- 16.10.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench