Ram Naresh v. State of U.P. Thru. Prin. Secy. Home Lucknow and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2773 of 2023 Applicant :- Ram Naresh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lucknow And Another Counsel for Applicant :- Ramendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Ramendra Mishra, the learned counsel for the applicant as well as Sri Anurag Verma, the learned Additional Government Advocate-I 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. 463 of 2019, under Section 420 IPC, Police Station Biswan, District Sitapur.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.10.2019 against three persons, including the applicant, stating that on 09.11.2013, the informant had negotiated to purchase a tractor on installments through a dealer-co-accused Banwari and the informant had paid Rs. 19,500/- and some documents to co-accused Banwari in presence of the applicant. Later on he came to know that co-accused Ram Prasad had got a tractor financed by misusing the documents of the informant.

¶4In the affidavit filed in support of the application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and that he has no criminal history. The learned AGA-I has opposed the anticipatory bail application and he has submitted that the applicant's complicity in commission of the offence has been established during investigation and a charge sheet has been submitted against the applicant for commission of offence under Section 420 IPC.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that only allegation against the applicant is that he was also present when the informant had paid money to the co-accused Banwari in the year 2013 and there is no other allegation against him; that the applicant has no criminal history and the offence allegedly committed by him carries a punishment of imprisonment up to seven years only 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 during pendency of the trial.

¶8In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Ram Naresh before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail during pendency of the trial 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 :- 4.12.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench