Allahabad High Court
Dr. V.D. Tembhurnikar vs State Of U.P. And Another on 20 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. - 9862 of 2022
Applicant :- Dr. V.D. Tembhurnikar
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Swati Agrawal Srivastava,Shashwat Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Ms. Swati Agrawal Srivastava, learned counsel for the applicant and Sri Kulveer Singh, 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 Complaint Case No.1475 of 2012, registered under Sections 419 and 420 IPC at Police Station- Cantt, District Varanasi with a prayer to enlarge him on anticipatory bail.
As per prosecution story, the applicant and other co-accused persons are stated to be the office bearers of the National Integrated Medical Association, Varanasi Branch and the applicant is stated to be the Secretary of the said association. It is alleged in the said complaint case that the applicant had withdrawn certain amount from the account of the said association without any legal sanction.
Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. He is the resident of Solapur, Maharashtra and is a bonafide person having no criminal antecedents to his credit. An application under Section 156(3) Cr.P.C. was moved by the informant which was treated as a complaint case and the applicant and other co-accused persons have been summoned vide order dated 30.08.2012, which is an cryptic order and without application of mind. Learned counsel has further stated that much before the said summoning order, the applicant had already issued a Power of Attorney to one Dr. Kailash Tripathi to look into the day today affairs of the association at Varanasi on 21.03.2012, so he had no information about the said summoning order. The co-accused persons have already been enlarged on regular bail by the trial court. 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 is ready to cooperate in trial failing which the State can move appropriate application for cancellation of anticipatory bail.
Per contra, learned A.G.A. has 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- Dr. V.D. Tembhurnikar be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial 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 the applicant shall not pressurize/ intimidate the prosecution witness;
5. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
6. 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.
Order Date :- 20.12.2022
Ravi Kant
