Kaushlendra Singh @ Prinshu vs State Of Uttar Pradesh And Anr

Counter affidavit filed by learned A.G.A. is taken on record.

The present bail application under Section 438 Cr.P.C. has been filed for grant of anticipatory bail as the applicant is apprehending his arrest in connection with F.I.R./Case Crime No. Case Crime No. 517 of 2020, Under Section 41 Cr.P.C., 411, 414, 420, 467, 468, 471 I.P.C., Police Station- Banthara, District- Lucknow.

On 19.2.2021, this Court passed the following order:-

"1. Heard Shri Lakshman Singh, learned counsel for the applicant learned A.G.A. for the State-respondent and perused the record.

The present bail application under Section 438 Cr.P.C. has been filed for grant of anticipatory bail as the accused-applicant is apprehending his arrest in connection with Case Crime No. 517/2020, U/S 41 Cr.P.C., 411/414/420/467/468/471 I.P.C., Police Station - Banthara, District - Lucknow.

It has been stated by learned counsel for applicant that name of the applicant in the first information report is not mentioned. Accordingly to the first information report, the police detained one mini-truck in the middle of the night on which iron rods were being loaded. It is stated that two persons were arrested on the spot while remaining were fled from the spot of occurrence. The persons detained by the police informed that the said iron rods were actually stolen property and had been purchased by the said person at a lower cost and also stated that they had purchased the same from the applicant.Only on the basis of the said statement, the applicant is wanted in the said case. It is further submitted that co-accused Satish Singh @ Rishu has already been granted anticipatory bail by this Court vide order dated 18.2.2021 passed in Crl. Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.1706 of 2021 and the role of present applicant is similar to him.

4.Learned A.G.A. on the basis of the instructions submits that till date there is no F.I.R. with regard to theft of the said iron rods while only an F.I.R. under Section 411 I.P.C. apart from other sections have been lodged.

Learned counsel for applicant submits that until and unless there is a first information report which can link the said stolen property with the informant no case is made out against the applicant. It is lastly contended that the applicant has no criminal history and there is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is granted anticipatory bail, he will not misuse the liberty of bail.

Learned Additional Government Advocate has opposed the prayer for anticipatory bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.

Considering the above aspects of the matter and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicants under Section 438 Cr.P.C. till the next date of listing.

Issue notice to opposite party No.2 returnable at an early date.

Steps in this regard be taken within one week.

Till the next date of listing, accused-applicant, namely, Kaushlendra Singh @ Prinshu in the event of his arrest in connection with aforesaid case crime, shall forthwith be released on bail on furnishing a personal bond and two sureties in the like amount to the satisfaction of the Arresting officer/Investigating Officer/ S.H.O. concerned on the following conditions:-

(i) That the accused-applicants shall make themselves available for interrogation by police authorities as and when required and will cooperate with the investigation;

(ii) That the accused-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 or to any police officer; and

(iii) That the accused-applicanst shall not leave India without the previous permission of the Court.

The papers regarding bail submitted to the police officer on behalf of the accused/applicants shall form part of the case diary and would be submitted to the court concerned along with same at the time of submission of report under Section 173(2) Cr.P.C.

Under Part-III, Chapter- XVIII, Rule-18[3(a)] of the Allahabad High Court Rules, 1952 (amended), a copy of the bail application along with its enclosures be provided to the learned A.G.A. by learned counsel for applicant, within two days from today, without fail.

Learned A.G.A. prays for and is granted two weeks' time to file counter affidavit."

After hearing the learned counsel for the accused-applicant and, going through the entire record, I find substance in the argument advanced on behalf of the accused-applicant.

Thus, the interim order dated 19.2.2021 is hereby confirmed. However, the accused-applicant is directed to surrender before the trial Court, if charge-sheet is filed and, he is summoned to face trial for offence in question. The accused-applicant shall be released on bail by the trial Court on furnishing a personal bond and, two sureties each in the like amount to the satisfaction of the trial Court concerned with the following conditions:-

(i) the applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law;

(ii). the applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

(iii). in case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him in accordance with law, under Section 174-A of the Indian Penal Code; and

(iv) the applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

This application, thus, stands disposed of.