The Allahabad High Court has allowed the conditional anticipatory bail application of the accused in the FIR of criminal conspiracy and kidnapping lodged in the police station -Thakurdwara, District – Moradabad.
A Single Bench of Justice Krishan Pahal passed this order while hearing a Criminal Misc Anticipatory Bail Application filed by Kishan and Another.
The anticipatory bail application has been filed on behalf of the applicants in Case registered under Sections 363, 342 and 120B I.P.C at Police Station- Thakurdwara, District Moradabad with a prayer to enlarge them on anticipatory bail.
Counsel for the applicants has stated that the applicants were granted anticipatory bail by the Court till the conclusion of trial in the case crime under Sections 498A, 323, 376, 506 I.P.C, Section 3/4 D.P Act and Section 3/4 POCSO Act vide order dated 15.09.2023.
Subsequent to it, the final report (second charge-sheet) has been filed against the applicants and there are allegations under Sections 363, 342 and 120B I.P.C only against the applicants, as such the applicants had to apply anticipatory bail in the said altered sections.
Counsel for the applicants has further stated that they have not misused the said opportunity granted earlier.
Counsel for the applicants undertakes that they have cooperated in the investigation and are ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
Per contra, A.G.A has vehemently opposed the anticipatory bail application but is unable to dispute the submissions raised by the counsel for the applicants.
“On due consideration to the arguments advanced by counsel for the applicants as well as A.G.A and considering the nature of accusations and antecedents of the applicants, the applicants are liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of “Sushila Agrawal Vs State (NCT of Delhi), (2020) 5 SCC 1″. The future contingencies regarding the anticipatory bail being granted to applicants shall also be taken care of as per the aforesaid judgment of the Apex Court”, the Court observed while allowing the anticipatory bail application.
The Court ordered that,
Let the accused-applicants- Kishan and Reepu Kumar be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) That the applicants shall make themselves available for interrogation by a police officer as and when required;
(ii) That 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 them from disclosing such facts to the court or to any police officer or tamper with the evidence;
(iii) That the applicants shall not leave India without the previous permission of the court;
(iv) That in case charge-sheet is submitted the applicants shall not tamper with the evidence during the trial;
(v) That the applicants shall not pressurize/ intimidate the prosecution witness;
(vi) That the applicants shall appear before the trial court on each date fixed unless personal presence is exempted;
(vii) That in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.