Anshul Thakur Alias Yash Pratap Singh v. State of U.P. Thru. Secy. Home Civil Sectt. Lko

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2927 of 2023 Applicant :- Anshul Thakur Alias Yash Pratap Singh Opposite Party :- State Of U.P. Thru. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Anoop Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Anoop Srivastava, 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.585 of 2022, under Section 420 I.P.C., registered at Police Station Gangaghat, District Unnao.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.11.2022 against 8 persons, including the applicant, stating that accused persons have illegally carved out plots and thereby caused damages to the public property.

¶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. In para 18 of the affidavit, applicant's involvement in 3 other cases has been disclosed; in one case, the investigating officer has filed final report; in 2nd case, the applicant has been granted bail; and 3rd case relates to offences under U.P. Gangsters and Anti Social Activities (Prevention) Act.

¶5After investigation charge-sheet has already been submitted on

15.07.2023. Regarding the applicant only this much is stated that he has introduced the purchaser to the seller.

¶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 only allegation against the applicant is that he had introduced the purchaser to the seller; that investigation of the case already stands concluded and the applicant was not arrested during investigation, 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-Anshul Thakur Alias Yash Pratap 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 :- 18.12.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench