Allahabad High Court
Sallabh Kumar Agarwal @ Salabh ... vs State Of U.P. on 22 January, 2021
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9374 of 2020
Applicant :- Sallabh Kumar Agarwal @ Salabh Agarwal
Opposite Party :- State of U.P.
Counsel for Applicant :- Pushpendra Singh,Pradeep Kumar Bhardwaj
Counsel for Opposite Party :- G.A.,Lal Mani Singh,Raghuvir Sharan Singh
Hon'ble Siddharth,J.
Counter affidavit filed by learned counsel for the informant is taken on record.
Heard learned counsel for the applicant and learned AGA for the State.
The instant anticipatory bail application has been filed on behalf of the applicant, Sallabh Kumar Agarwal @ Salabh Agarwal, with a prayer to release him on bail in Case Crime No.0419 of 2020, under Section-420, 467, 468, 471 I.P.C, Police Station-Shikarpur, District-Bulandshahr , during pendency of trial.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required.
There is allegation against the applicant that he had taken money in pursuance of an agreement but has not executed the sale deed.
Learned counsel for the applicant has submitted that the proper course for the informant was to institute suit for specific performance of contract and prove that money has been paid to the applicant.
Learned counsel for the informant has not disputed the aforesaid fact and has submitted that his money has been misappropriated by the applicant.
Learned AGA has also opposed the prayer for anticipatory bail of the applicant. He has submitted that in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail. The apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear anticipatory bail cannot be granted.
After considering the rival contentions, this Court finds that the proper remedy was to file suit for specific performance of contract., where whether the sale consideration was paid or not shall be determined. Applicant has already been enlarged on interim anticipatory bail by this court vide order dated 12.01.2021. This anticipatory bail application is allowed.
In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
1. The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
2. The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.
3. 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;
4. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
5. In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
6. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
7. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
8. 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.
Order Date :- 22.1.2021
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