High Court
Case Details
Neutral Citation No. - 2023:AHC:140209 Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7749 of 2023 Applicant :- Ramdev Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A.
Legal Reasoning
Hon'ble Nalin Kumar Srivastava,J. 1. Heard learned counsel for the applicant, learned AGA and perused the material available on record. 2. This application for anticipatory bail has been filed by applicant- Ramdev in connection with Case Crime No. 801 of 2019, under sections 419, 420, 467, 468, 471, 504, 506 IPC, P.S. Soraon, District Prayagraj. 3. It is alleged against the applicant that he along with other co- accused persons fraudulently sold the land of category – 3 instead of category - 1 to the informant, which could not be sold, showing the forged khatauni on the consideration amount of Rs.18 lakh through cheque and subsequently when the informant came to know about the forgery committed by the accused persons, he demanded his money back whereupon the accused persons abused and threatened him to kill. F.I.R. was lodged on 24.8.2019 and investigation started and now charge-sheet has been submitted in the matter. 4. It has been submitted by the learned counsel for the applicant that applicant is innocent and he has apprehension of arrest in the above-mentioned case, whereas there is no credible evidence against him. Allegations levelled against the applicant are false. Charge sheet in the matter has been submitted. In case applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail. 5. It is further submitted that applicant is an illiterate person and he was cheated by his own brother, co-accused Ram Jiyawan. It is next submitted that although a thumb impression of the present accused applicant is obtained on the sale deed but he is totally unaware of the contents of the sale deed. It is next submitted that no consideration amount has been passed in the bank account of the present accused applicant and admittedly, the said amount has been transferred in the bank account of the co-accused, Rajesh Kumar, who is the son of his real brother, co-accused Ram Jiyawan. It is further submitted that he is an innocent person. It is next submitted that during investigation, process under Section 41- A of Cr.P.C. has been issued against him by the I.O. It is also submitted that during the course of investigation, the accused applicant has been cooperative to the I.O. of the case and now after filing of the charge sheet, no custodial interrogation is required and as such, he is entitled for anticipatory bail. 6. Learned A.G.A. has opposed the prayer for anticipatory bail and vehemently submitted that the fraud has been committed to the informant by all the named accused persons, who have also played an active role in the commission of the crime and the sale deed bears a thumb impression of the present accused applicant as well but however he could not dispute this fact that the consideration amount has not been deposited in the bank account of the present accused applicant. 7. In the present case, during the course of investigation, the accused applicant has been cooperative with the I.O. of the case. No consideration amount has been deposited in his account. No custodial interrogation is now required. 8. In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, the Hon'ble Apex Court has settled the controversy finally by holding the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial. It has been further held therein that anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till end of trial. It has been further held by the Hon'ble Apex Court that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, llikelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion. 9. Hence, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion of the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till conclusion of trial in the matter. 10. The anticipatory bail application is allowed. 11. In the event of arrest of the applicant in the aforesaid case crime, he shall be released on anticipatory bail on his 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 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. (ii) The applicant shall not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (iv) The applicant shall not leave India without prior permission of the Court and if they have passport, the same shall be deposited by him before the S.S.P./S.P. concerned. 12. In case of breach of any of the above conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of anticipatory bail of the applicant in accordance with law. Order Date :- 12.7.2023 Shivangi Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad