Raviraj Singh v. State of U.P. Thru. Cbi/Acb Lko. and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2631 of 2023 Applicant :- Raviraj Singh Opposite Party :- State Of U.P. Thru. Cbi/Acb Lko. And Another Counsel for Applicant :- Mohemmed Amir Naqvi,Abhishek Srivastava,Furkan Counsel for Opposite Party :- Anurag Kumar Singh Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Abhishek Srivastava, the learned counsel for the applicant as well as Sri Dharmendra Pratap Singh holding brief of Sri Anurag Kumar Singh, the learned counsel appearing on behalf of the C.B.I. and perused the records.

¶2This is second anticipatory bail application filed by the applicant seeking anticipatory bail in F.I.R. bearing F.I.R. No. RC0062020A0002/2020, under Sections 120B, 409, 420, 467, 468 & 471 IPC and Section 13(2) r/w 13(1)(c) and (d) of P.C. Act, 1988, Police Station - C.B.I./ACB, District - Lucknow.

¶3First anticipatory bail application has been rejected by means of the order dated 28.11.2022 passed in CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No.505 of 2022. Second anticipatory application has been filed subsequent to rejection of first bail application, 8 co-accused persons have been granted anticipatory bail in the present case against whom similar allegations have been leveled. Copies of the bail orders of co-accused persons have been annexed as Annexure-4 to the affidavit filed in support of the anticipatory bail application.

¶4Sri Dharmendra Pratap Singh holding brief of Sri Anurag Kumar Singh, the learned counsel appearing on behalf of the C.B.I. does not dispute that the case set up is similar to that set up against the co-accused pesons who have been granted bail.

¶5Having considered the aforesaid facts and circumstances of the case 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.

¶6In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Raviraj Singh 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 :- 9.11.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench