Vikas Kumar and Another v. State of U.P.) the copy of the said order is annexed as Annexure
Case Details
Neutral Citation No. - 2023:AHC:161494 Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3509 of 2022 Applicant :- Vikas Kumar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Kanojia Counsel for Opposite Party :- G.A.,Ajay Kumar Jagdish Hon'ble Samit Gopal,J. 1. List revised.
Legal Reasoning
2. Heard Sri Rajesh Kumar Kanojia, learned counsel for the applicants, Sri Ajay Kumar Jagdish, learned counsel for the first informant and Sri Shashi Kant Pandey, learned counsel for the State and perused the records. 3. The anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicants Vikas Kumar and Rajesh Kumar, seeking anticipatory bail, in the event of arrest in Case Crime No. 514 of 2020, under sections 406, 467, 468, 307, 452, 323, 504 506 I.P.C., Police Station Gangoh, District Saharanpur, during the pendency of trial. 4. This is an anticipatory bail application. 5. On 18.01.2023, the following order was passed by this Court: "List revised. Heard Sri Rajesh Kumar Kanojia, learned counsel for the applicants, Sri Ajay Kumar Jagdish, learned counsel for the Opposite Party No.2 and Sri B.B. Upadhyay, learned counsel for the State and perused the record. Perused the supplementary affidavit dated 02.01.2023 filed by learned counsel for the applicants in compliance of the order dated 23.12.2022. Learned counsel for the applicants argued that during the pendency of investigation the applicants were granted anticipatory bail till filing of police report under Section 173 (2) Cr.P.C. before the competent court. The investigation in the present matter has concluded and a charge-sheet has been submitted without investigating the matter properly. It is argued while placing paragraph 36 of the affidavit that the present case is a case of no injury. It is further argued that during the period of investigation the applicants co-operated with the investigating agency. After submission of charge-sheet the applicants have been summoned to face trial. It is argued that the present proceedings are just for creating a defence in the case under Section 138 N.I. Act filed against the opposite party no. 2 in which he has been summoned to face trial. Learned counsel has placed the order dated 07.10.2020 passed by this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 6800 of 2020 ( Vikas Kumar and Another vs. State of U.P.) the copy of the said order is annexed as Annexure-1 to the affidavit and has argued that the applicants were granted anticipatory bail during pendency of the investigation till submission of police report, if any, under Section 173 (2) Cr.P.C. before the competent court, the applicants be thus granted anticipatory bail till conclusion of trial. Learned counsel for the Opposite Party No.2 prays for and is granted two weeks' time to file counter affidavit. One week thereafter to file rejoinder affidavit. Let the matter be listed on 14th February, 2023. Till the next date of listing, in the event of arrest of the applicants- Vikas Kumar and Rajesh Kumar, involved in Case Crime No. 514 of 2020, under Sections 406, 467, 468, 307, 452, 323, 504 & 506 I.P.C., Police Station- Gangoh, District Saharanpur shall be released on interim anticipatory bail on their furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:- (i) the applicants shall make themselves available on each and every date fixed in the matter by the court concerned. (ii) the applicants 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. (iii) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them before the concerned court. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same." 6. Pleadings have been exchanged between the parties. 7. Heard learned counsel for the parties at length and perused the records and also the order dated 18.01.2023. 8. In view of the arguments as raised on behalf of learned counsel for the parties, the order dated 18.01.2023 is made absolute. 9. Without expressing any opinion on the merits of the case, considering the nature of accusation, the applicants are entitled to be released on anticipatory bail in this case. 10. In the event of arrest of the applicants -Vikas Kumar and Rajesh Kumar, involved in the aforesaid case crime, they shall be released on anticipatory bail till the period of trial on their furnishing a fresh personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:- (i) the applicants shall make themselves available on each and every date fixed in the matter by the court concerned. (ii) the applicants 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. (iii) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them before the concerned court. 11. In case, the applicants do not co-operate in the proceedings of the trial, this order shall stand automatically recalled/vacated and the applicants shall be taken into custody, forthwith. 12. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 13. The court concerned shall not be prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 14. The present anticipatory bail application is allowed. Order Date :- 9.8.2023 K.K. Maurya (Samit Gopal,J.) Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad