Sadhu Sharan Chaudhary vs State Of U.P.And Another

Raj Beer Singh, J

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The present application has been moved seeking anticipatory bail in Case Crime No.06/2022, under Sections 419/420/467/468/471/120-B I.P.C., Police Station Kotwali, District Basti with the prayer that in the event of arrest, applicant may be released on bail.

It has been argued by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. According to prosecution version, applicant and co-accused persons have got executed a sale-deed of the land of complainant by showing one Harilal as owner of the said land. Learned counsel submitted that alleged sale-deed has been shown in the name of co-accused Adarsh Gupta and that applicant has no concern with the said sale-deed. Applicant is neither purchaser nor the witness of the said sale-deed. The allegation that applicant was involved in execution of said sale-deed, is thoroughly false and the same is not supported by any evidence. Further dispute in question is purely civil in nature. The criminal history shown against applicant has duly been explained in affidavit. It was also submitted that applicant undertakes to co-operate during investigation and trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate during investigation and would obey all conditions of bail.

Learned A.G.A. has opposed the application for anticipatory bail.

It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.

In the instant case, 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 on merit of the case, a case for anticipatory bail is made out.

The anticipatory bail application is allowed.

In the event of arrest of the applicant-Sadhu Sharan Chaudhary 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 Station House Officer of the police station concerned/Court below concerned with the following conditions :-

(i) the applicant shall make himself available for interrogation by the police as and when required;

(ii) 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/her/them from disclosing such facts to the Court or to any police officer;

(iii) the applicant would co-operate during investigation and trial and would not misuse the liberty of bail.

In default of any of the conditions, the Investigating Officer/prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.