Krishna Kumar v. State of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2339 of 2023 Applicant :- Krishna Kumar Opposite Party :- State Of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. And Another Counsel for Applicant :- Arvind Kumar Verma,Harish Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Arvind Kumar Verma, the learned counsel for the applicant as well as Rishikesh Verma, 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. 458 of 2021, under Section 420 IPC, registered at Police Station - Maholi, District - Sitapur.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 27.09.2021 against seven persons, including the applicant alleging illegality is committed in purchase of paddy in Paddhy Purchase Centre. It is alleged that the applicant was working as Purchase Centre Incharge.

¶4In the affidavit filed in support of the anticipatory bail-application, it has been stated that the applicant is innocent, has been falsely implicated in the present case and he has no criminal history.

¶5Initially the applicant had filed writ petition No.24308 (MB) of 2021 and his arrest was stayed till submission of chargesheet by means of an order dated 23.10.2021. The chargesheet has been submitted on 06.05.2022.

¶6Co-accused Ritesh Kumar Verma, who is said to be the Officer Incharge of Purchase Centre, has been granted bail by means of an order dated 30.01.2023 passed by this Court in Criminal Misc. Bail Application No.5510 of 2022.

¶7The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶8Having considered the aforesaid facts and circumstances of the case, particularly the fact that Officer Incharge has been granted bail and 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.

¶9In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Krishna Kumar 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. Order Date :- 19.10.2023 KR High Court of Judicature at Allahabad, Lucknow Bench