Allahabad High Court
Prem Nath Arora And Another vs State Of U.P. And 2 Others on 22 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. - 8506 of 2021
Applicant :- Prem Nath Arora And Another
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Meera Verma,Shailesh Upadhyay
Counsel for Opposite Party :- G.A.,Deepak Singh
Hon'ble Vivek Agarwal,J.
Heard Sri Shailesh Upadhyay, learned counsel for applicants, Sri Deepak Singh, learned counsel for the complainant and Sri Vikas Goswami, learned AGA for the State.
This application has been filed on behalf of the applicants- Prem Nath Arora and Sonal Bajaj on account of registration of Case Crime No. 27 of 2021 at Police Station- Swaroop Nagar, District- Kanpur Nagar, under Sections 420 and 380 IPC.
Learned counsel for the applicants submits that FIR registering Case Crime No.27 of 2021 was registered at Police Station Swaroop Nagar, District Kanpur Nagar, under Sections 420 and 380 IPC on 09.03.2021 and applicant no.1 is aged about 84 years. When he got information about registration of the FIR, then 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.), for directly approaching this Court.
On merits, it is submitted that complainant had though entered into an agreement to sell with the applicants but on their failure to pay the sale consideration on time, applicant no.1 being aged about 84 years had sold the flat in favour of somebody else. He had executed the sale deed in favour of one Dr. H.S. Gupta on 09.01.2021. It is submitted that applicants are duty bound to refund the amount paid by the complainant alongwith the amounts of TDS to the extent of Rs.39,000/- paid on the transaction by the complainant within seven days from today. He further submits that a civil dispute has been sought to be converted into a criminal dispute and in fact, if the complainant has any grievance, then he should have filed a suit for specific performance, in which he could have sought relief of cancellation of the sale deed executed by the applicants in favour of third party.
Learned AGA opposes the prayer for granting anticipatory bail to the applicants.
Looking to the facts of the case, taking into consideration the gravity and nature of accusation and there being no possibility of his fleeing from process of justice delivery, this Court is of the view that applicant is entitled for anticipatory bail.
Accordingly, let applicants Prem Nath Arora and Sonal Bajaj 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 themselves 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 them 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 :- 22.6.2021
Ravi/-
