The Allahabad High Court has granted conditional anticipatory bail to Mohammadabad Chairman of Nagar Palika Parishad Shamim Ahmed, in a case registered on charges of cheating.
A Single Bench of Justice Justice Krishan Pahal passed this order while hearing a Criminal Misc Anticipatory Bail Application filed by Shamim Ahmad.
The anticipatory bail application has been filed on behalf of the applicant in F.I.R/Case under Sections 419, 420, 467, 468 of IPC, Police Station – Mohammadabad, District – Ghazipur, with a prayer to enlarge him on anticipatory bail.
As per prosecution story, the applicant, who happens to be the Chairman of Nagar Palika Parishad, Mohammadabad, Ghazipur, is stated to have misused his clout and got the name of the informant deleted from the records of Nagar Palika.
Counsel for the applicant has stated that the applicant is maliciously being prosecuted in the case due to ulterior motive and has apprehension of his arrest. He has nothing to do with the said offence as alleged by the prosecution.
Counsel has further stated that the said job has been done by the government employees employed in the department.
It is further submitted that the applicant has criminal history of one case which has been explained in the affidavit filed along with anticipatory bail application as the proceedings of Case have been stayed. 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.
“Considering the arguments advanced by the counsel for the parties, nature of accusations and antecedents of the applicant, the applicant is liable to be enlarged on anticipatory bail in view of the law laid down by the Apex 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 applicant shall also be taken care of as per the aforesaid judgment of Apex Court”, the Court observed.
Without expressing any opinion upon ultimate merits of the case either ways which may adversely affect the trial of the case, the Court allowed tha anticipatory bail application of the applicant.
The Court ordered that,
In the event of arrest of the applicant, Shamim Ahmad, 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.