Ashish Singh v. State of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2965 of 2023 Applicant :- Ashish Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko Counsel for Applicant :- Dharmendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Dharmendra Pratap Singh, the learned counsel for the applicant as well as Sri Anant Pratap Singh, learned A.G.A. 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. 44 of 2012, under Sections 379, 411 I.P.C. and Section 2/3 of Prevention of Damage to public Property Act, registered at Police Station Pisawan, District Sitapur.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.04.2012 against four named persons, not including the applicant no. 5 and four unnamed persons, stating that the accused persons had cut down two eucalyptus trees and had hidden the same in a sugarcane field, which did not belong to any of the accused persons.

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

¶5The learned counsel for the applicant has submitted that the applicant has been summoned only in July, 2023.

¶6Co-accused persons, namely, Sarvesh Singh, Kallu @ Sachendra Singh, Vikram Singh, Bhanu Singh & Funnai @ Narendra Singh have already been granted anticipatory bail by means of an order dated 16.12.2023 passed by this Court in Criminal Misc. Anticipatory Bail Application No. 2908 of 2023.

¶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 and keeping in view the fact that the applicant has been implicated in the present case merely for the reason that two eucalyptus trees were found hidden in a sugarcane filed, which did not belong to any of the accused person and that there is no eye witness of cutting of the trees, coupled with the fact 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-Ashish 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. Order Date :- 20.12.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench