Allahabad High Court
Kanhaiya Gupta And 2 Others vs State Of U.P. on 16 June, 2021
Bench: Vivek Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 1
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11793 of 2021
Applicant :- Kanhaiya Gupta And 2 Others
Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Tiwari,Shashikant Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Agarwal,J.
Heard Sri Santosh Kumar Tiwari, learned counsel for applicants namely, applicant no. 1-Kanhaiya Gupta, applicant no. 2-Kayamuddin Ahmad and applicant no. 3-Hanuman Prasad Gupta and Sri Vikas Goswami, learned AGA for the State.
This application seeking anticipatory bail application has been filed on account of registration of Case Crime No. 0190 of 2021 dated 16.04.2021 at Police Station-Kotwali, District-Ghazipur under Sections 419, 420, 467, 468, 471, 504, 506, 352 IPC.
Learned counsel for applicants submits that he has filed a copy of sale deed vide which a transaction of sale and purchase of certain land was entered into between the accused persons, who are the sellers and the complainant, who is a purchaser. Purchaser had issued certain cheques in lieu of sale consideration, which were when dishonored and demand was raised for payment of those cheques, then complainant has fraudulently recorded a FIR against the applicants, who are reputed persons of the locality and have no connection with the alleged offence. It is submitted that complainant is trying to defraud the applicants by filing a counter case, so to circumvent her liability and responsibility to face trial in a case of dishonor of cheque.
It is submitted that applicants have directly come to this Court because F.I.R. was lodged on 16.04.2021, when second wave of Covid-19 pandemic was on its peak. Therefore, applicant has been able to make out an extraordinary circumstances in the light of the judgment of Five Judges Bench of this Court in case of Ankit Bharti Vs. State of U.P. and another; 2020 (3) ADJ 165 (F.B.)., by directly approaching this Court.
Learned AGA admits that there is no criminal history of the applicants and prima facie this appears to be conversion of a civil/quasi-criminal dispute into a criminal dispute.
Looking to the facts of the case, taking into consideration the gravity and nature of accusation and there being no possibility of their fleeing from process of justice delivery, this Court is of the view that applicants are entitled for anticipatory bail.
Accordingly, let applicants namely, Kanhaiya Gupta, Kayamuddin Ahmad and Hanuman Prasad Gupta implicated in the aforesaid case be released on anticipatory bail on their 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:-
(i) The applicants shall make themself available for interrogation by a police officer as and when required, by approaching said police officer within 30 days from today.
(ii) The applicants 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) The applicants shall not leave India without the previous permission of the Court.
(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 mentioned above or in case it is found that applicants have obtained this order concealing any material facts, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
In above terms, case is disposed off.
Order Date :- 16.6.2021
Vikram/-
