B.R Ashutosh @ Rajesh v. State of U.P Thru. Secy. Home Civil Secrt. Lko

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2733 of 2023 Applicant :- B.R Ashutosh @ Rajesh Opposite Party :- State Of U.P Thru. Secy. Home Civil Secrt. Lko. Counsel for Applicant :- Shailendra Kumar Misra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Shailendra Kumar Misra, 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.207 of 2019, under Sections 419, 420 and 120-B I.P.C., registered at Police Station Mahmodabad, District Sitapur.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 22.08.2019 alleging that the applicant had purchased a sim card through an agent on 15.05.2019 and the agent got another sim card by misusing informant's document and the informant apprehended that other sim card issued in his name may be misused.

¶4In the affidavit filed in support of the anticipatory bail-application it has been contended that the applicant is innocent and he has falsely been implicated in the present case.

¶5The applicant has been implicated in another case bearing Crime No.217 of 2019 lodged on 02.09.2019 alleging misuse of the sim card issued wrongly in the name of the informant. The applicant has been granted anticipatory bail in the said case crime number by means of an order dated 08.08.2023 passed by this Court in Criminal Misc Anticipatory Bail Application No. 1745 of 2023.

¶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 FIR merely alleges apprehension of misuse of a sim card wrongly issued on the basis of documents of the informant and the applicant has already been granted anticipatory bail in another case alleging misuse of the sim card by him 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-B.R Ashutosh @ Rajesh 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, unlesspersonal 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 :- 29.11.2023 Renu/- High Court of Judicature at Allahabad, Lucknow Bench