Neutral Citation No.

- 2023:AHC:202305

Court No. - 47

Case :- CRIMINAL MISC ANTICIPATORY BAIL

APPLICATION U/S 438 CR.P.C. No. - 8971 of 2023
Applicant :- Vipin Soni
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Niraj Tiwari
Counsel for Opposite Party :- G.A.

Hon'ble Manish Kumar Nigam,J.

Heard learned counsel for the applicant and learned A.G.A.

for the State and perused the record.

This anticipatory bail application has been moved seeking

bail by the applicant in F.I.R. dated 22.3.2023 arising out of
Case Crime No.65 of 2023, under Sections 420, 467, 468,
471, 272, 273 IPC & u/s 59 of Food Safety and Standards
Act, 2006 Police Station - Rath, District - Hamirpur, during
the pendency of trial.

Contention of the learned counsel for the applicant is that

applicant has been falsely implicated in the present case. It
is further contended by learned counsel for the applicant that
name of the applicant has only come in the statement of co-
accused namely Laxman Rajpoot and Sandeep Srivas, who
were arrested at the spot. Further, it is contended that
applicant is not involved with the aforesaid offence and is
businessman, doing the business of jewellery in the town.
Neither the applicant was arrested at the spot nor any
recovery has been made from the applicant. It has been
further contended by learned counsel for the applicant that
the premises at which the aforesaid offence was committed
does not belong to the applicant. The case of the applicant is
squarely covered under Section 438 Cr.P.C.and applicant
has no criminal history to his credit. The applicant has
apprehension of their arrest by the police any time. In case,
applicant is granted anticipatory bail, he shall not misuse the
liberty of bail and would obey all conditions of bail.

Learned A.G.A. has opposed the prayer for grant of

anticipatory bail and submits that name of the accused has
come in the statement of co-accused. However, he could not
deny the fact that no recovery was made from the
possession of applicant and applicant has no criminal history
to his credit.

Hence, without expressing any opinion on the merits of the

case and considering the nature of accusations and
applicant's antecedents the applicant is directed to be
enlarged on anticipatory bail as per the Constitution Bench
judgment of the Apex Court in the case of Sushila Aggarwal
vs. State (NCT of Delhi)- 2020 SCC Online SC 98. The
future contingencies regarding anticipatory bail being
granted to applicant shall also be taken care of as per the
aforesaid judgment of the Apex Court. In case the applicant
misuse the aforesaid liberty it will be open for the
Government Advocate/ informant/ complainant to file bail
cancellation application before this Court for cancellation of
this bail granted to the applicant.

In the event of arrest of the applicant - Vipin Soni involved

in aforesaid case crime 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 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 with the following conditions:-

1. The applicant will cooperate with the investigation being

carried out by the Investigating Officer.

2. 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 officer;

3. 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.

In default of any of the conditions, the Investigating

Officer/Govt. Advocate is at liberty to file appropriate
application for cancellation of anticipatory bail granted to the
applicant.

The Investigating Officer is directed to conclude the

investigation, if pending, 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.

The applicant is directed to produce a copy of this order 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 :- 18.10.2023

Rishabh

[Manish Kumar Nigam, J.]

Digitally signed by :-
RISHABH KUMAR
High Court of Judicature at Allahabad