Allahabad High Court
Girish Chandra Jaiswal vs State Of U.P. on 23 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. - 11352 of 2022
Applicant :- Girish Chandra Jaiswal
Opposite Party :- State of U.P.
Counsel for Applicant :- Prashant Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Prashant Pandey, learned counsel for the applicant and Sri Sushil Kumar, 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.142 of 2013, registered under Sections 406, 419, 420, 504 and 506 IPC at Police Station- Jaitpura, District Varanasi with a prayer to enlarge him on anticipatory bail.
As per prosecution story, the applicant is stated to have taken Rs.5,50,000/-, of which Rs.5,25,000/- was taken through cheque and rest as cash as a consideration to sell a flat to the informant. The possession of the said flat was given to the informant, but despite frantic efforts, the registered sale deed was not executed by the applicant to the informant.
Learned counsel for the applicant has stated that he has been falsely implicated in the present case. The civil matter has been converted into criminal one by the informant. The flat is in the possession of the informant. Learned counsel has further stated that the flat was agreed to be paid for a consideration of Rs.25,00,000/- and not Rs.5,50,000/- as alleged and the complainant is not paying back the balance amount. 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 A.G.A. has vehemently opposed the anticipatory bail application on the ground that the applicant has fabricated the facts as he had already taken a loan from ICICI bank on the said land, as such he is unable to execute the sale deed as he has not paid back the loan amount to the said bank. Learned A.G.A. has further stated that it was agreed between the parties that the value of the said flat is Rs.5,50,000/- only. Although, he could not dispute the fact that there are no criminal antecedents of 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- Girish Chandra Jaiswal 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 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.
Order Date :- 23.12.2022
Ravi Kant
