Sunday, December 10, 2023

Allahabad High Court grants anticipatory bail to member of anti-corruption organization

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The Allahabad High Court has granted anticipatory bail to Navratna of Sambhal, the member of one anti-corruption organization.

A Single Bench of Justice Krishan Pahal passed this order while hearing a Criminal Misc anticipatory bail application filed by Navratna.

The anticipatory bail application has been filed on behalf of the applicant in F.I.R/Case under Sections 452, 353, 186, 504, 506, 384, 386 IPC, Police Station Rajpura, District Sambhal, with a prayer to enlarge him on anticipatory bail.

As per prosecution story, on 14.6.2023, the applicant, who happens to be the member of one anti-corruption organization, alongwith its President Satyavarat Arya, is stated to have ransacked the Community Health Centre to which the informant was the Medical Superintendent. They are even stated to have demanded ransom from him, else he shall be implicated in a false case. Even the criminal history of the applicant is mentioned in the FIR.

Counsel for the applicant has stated that the applicant is maliciously being prosecuted in the case due to ulterior motive and has the apprehension of his arrest. The applicant has nothing to do with the said offence as alleged by the prosecution.

Counsel has next stated that the informant was found involved in corruption practices, as such, he was removed by CMO vide order dated 23.5.2023 and was again given charge on 20.6.2023. Prior to it, the President of the Organization, Satyavarat Arya, had even moved an application before the Additional Director, health and family, against his corrupt practices on 16.6.2023. After giving the charge on 20.6.2023, he was again removed on 24.6.2023, as such, the FIR was instituted the same day.

Counsel has further stated that the FIR is delayed by about 10 days and there is no explanation of the said delay caused. It is next stated that the applicant is the whistle blower and has been falsely implicated. In case, the anticipatory bail application of the applicant is allowed, he will not misuse the liberty and shall cooperate with trial.

On the other hand, A.G.A has vehemently opposed the prayer for grant of anticipatory bail but is unable to dispute the submissions raised by the counsel for the applicant.

“On due consideration to the arguments advanced by the counsel for the parties, the inordinate delay of ten days in lodging the FIR, the factum of removal of services of the informant, and in view of the law laid down by the Apex Court in the case of “Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98″, the applicant is entitled to be granted anticipatory bail in the case”, the Court observed while allowing the anticipatory bail application.

The Court ordered that,

In the event of arrest of the applicant, Navratna involved in the aforesaid case crime number, shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/ Court Concerned, with the conditions that:-

i. that the applicant shall make himself available for interrogation by a police officer as and when required;

ii. that 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;

iii. that the applicant shall not leave India without previous permission of the court;

iv. that the applicant shall not tamper with the evidence during the trial;

v. that the applicant shall not pressurize/ intimidate the prosecution witness;

vi. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant.

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