Allahabad High Court
Neeraj Agrawal And Another vs State Of U.P. And Another on 25 April, 2022
Bench: Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 84
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3117 of 2022
Applicant :- Neeraj Agrawal And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ruchita Jain
Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants and learned AGA for the State.
The instant anticipatory bail application has been filed on behalf of the applicants, Neeraj Agrawal and Smt. Nishi Agrawal with a prayer to release them on bail in Case Crime No. 0148 of 2021, under sections 420, 467, 468, 471, 406, 504 and 506 I.P.C., P.S. Sipri Bazar, district-Jhansi.
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.
The informant has lodged a criminal case against the accused persons under sections 420, 467, 468, 471, 406, 504 and 506 I.P.C. and it was alleged that all the accused persons had duped the informant and had not returned about Rs. 80,00,000/- (Rs. eighty lac). It was also alleged that the accused persons had threatened him with dire consequences.
Learned counsel for the applicants submits that the applicants are the directors of the firm namely M/s Dinesh Kumar Agrawal, which is engaged in the business of handling and transportation of food grains from the godwon of Food Corporation of India (FCI). He next contended that the applicants are absolutely innocent and have been falsely implicated in the present case only just to tarnish their images and injure their reputation in the society by way of filing successive FIRs. Further submission is that there is no evidence on record, which indicates that the applicants have received any amount from the informant. The applicants are having definite apprehension that they may be arrested by the police any time.
Learned A.G.A. has vehemently opposed the prayer for anticipatory bail of the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and antecedent of the applicants, considering the gravity of the offence, considering the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and in the case of Satendra Kumar Antil vs. Central Bureau of Investigation passed in Special Leave to Appeal (Criminal) No. 5191 of 2021.
In the event of arrest of the applicants shall be released on anticipatory bail till the submission of police report under Section 173(2) Cr.P.C., if any, before the competent court/S.H.O. concern on their furnishing personal bond with two sureties each in the like amount of Rs. 50,000/- to the satisfaction of the Station House Officer concerned with the following conditions:-
1. The applicants shall not leave India during the currency of trial without prior permission from the concerned trial Court.
2. The applicants shall surrender his passport, if any, to the concerned trial Court forthwith. Their passports will remain in custody of the concerned trial Court.
3. That 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;
4. The applicants shall file an undertaking to the effect that they 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 applicants misuses the liberty of bail, the trial 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.
Order Date :- 25.4.2022
Faridul
