Allahabad High Court
Vijay Tyagi vs State Of U.P. on 1 December, 2022
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11832 of 2022
Applicant :- Vijay Tyagi
Opposite Party :- State of U.P.
Counsel for Applicant :- Ashish Kumar Singh
Counsel for Opposite Party :- G.A.,Santosh Singh
Hon'ble Krishan Pahal,J.
Heard Sri Sri Ashish Kumar Singh, learned counsel for the applicant, Mahendra Kumar Pandey, Advocate holding brief of Sri Santosh Singh, learned counsel for the informant and Sri P.K. Srivastava, learned A.G.A. for the State as well as perused the record.
The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.376 of 2022, registered under Sections 420, 467, 468 and 406 IPC at Police Station- Babugarh, District Hapur with a prayer to enlarge him on anticipatory bail.
As per prosecution story, the applicant and his brother Saurabh Tyagi are said to have agreed to purchase a land for a consideration of Rs.63,41,725/- and of which Rs.10,56,100/- were remitted to the applicant and and his brother. The applicant is stated to have neither returned the amount nor executed the sale deed of the said land.
Learned counsel for the applicant has stated that the applicant has been falsely implicated in the case. There was a limit of six months to get the said sale deed executed and the applicant has not done so, so the applicant and his brother are not liable to pay back the money to the informant. Learned counsel has further stated that the civil proceedings have been converted into criminal one just to harass the applicant. To buttress his arguments, learned counsel has placed much reliance on the notice dated 07.07.2021 sent through his advocate to the applicant, which indicates that the matter is of civil in character. There are no criminal antecedents of the applicant. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. Learned counsel for the applicant undertakes that he has co-operated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
Per contra, learned counsel for the informant has vehemently opposed the anticipatory bail but could not dispute the fact that the notice was sent by the informant to the applicant through his advocate.
Learned A.G.A. has also vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicant.
On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1". The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Vijay Tyagi be released forthwith in the aforesaid case crime (supra) on anticipatory bail on furnishing a personal and two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/court concerned with the following conditions:-
1. that the applicant shall make himself available for interrogation by a police officer as and when required;
2. 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 or tamper with the evidence;
3. that the applicant shall not leave India without the previous permission of the court;
4. that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;
5. that the applicant shall not pressurize/ intimidate the prosecution witness;
6. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
7. that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial or deciding the regular bail application.
Order Date :- 1.12.2022
Ravi Kant
