ALLAHABAD HIGH COURT
CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. – 2655 of 2020
Vikas Dubey vs State Of U.P
DATED: 28 May, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. – 2655 of 2020
Applicant:- Vikas Dubey
Opposite Party:- State of U.P.
Counsel for Applicant:- Ali Hasan, Istiyaq Ali
Counsel for Opposite Party:- G.A.
Hon’ble Siddharth J.
In view of the guidelines laid down by this Court, the urgent bail applications have been directed to be heard through Video Conferencing.
Heard learned counsel for the applicant and learned AGA, through Video Conferencing.
Perused the material on record.
The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant, namely, Vikas Dubey, in Case Crime No.27 of 2020 under Sections 406, 420, 504, 506 I.P.C , Police Station – Newarhiya, District – Jaunpur.
Allegation against the applicant is that he took the car of the informant on hire at Rs.700/- per day but did not paid the amount as per the agreement. Submission is that the dispute is of civil nature and the applicant has been falsely implicated in this case.
Learned AGA has opposed the prayer for anticipatory bail of the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicant is entitled to be released on anticipatory bail for limited period, in this case, considering the exceptions considered by the Hon’ble Supreme Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and order dated 22.05.2020 passed by this Court in Criminal Misc. Anticipatory Bail Application No.2609 of 2020.
In the event of arrest the applicant shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on furnishing a personal bond of Rs.25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) The applicant shall make himself available for interrogation by a police office 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 from disclosing such facts to the Court or to any police office;
(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.
(iv) The party shall file computer-generated copy of such order downloaded from the official website of High Court Allahabad.
(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(vi) In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
(vii) The Investigating Officer is directed to conclude the investigation of the present case in accordance with law, expeditiously, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicant.
(viii) The applicant is directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
Order Date:- 28.5.2020