Allahabad High Court
Mamta Mittal vs State Of U.P. on 7 July, 2022
Bench: Suresh Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9141 of 2020
Applicant :- Mamta Mittal
Opposite Party :- State of U.P.
Counsel for Applicant :- Rohan Gupta,Rajeev Kumar Rai
Counsel for Opposite Party :- G.A.,Nikhil Kumar,Vatsala
Hon'ble Suresh Kumar Gupta,J.
Case called out. None has put in appearance on behalf of first informant.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State.
The present anticipatory bail application under Section 438 Cr.P.C. has been filed for grant of anticipatory bail as the accused-applicant is apprehending her arrest in connection with Case Crime No.968 of 2017, under Sections 420, 467, 468, 471, 34 IPC, Police Station Noida Sector 20, District Gautam Buddh Nagar.
Learned counsel for the applicant has submitted that the applicant is a lady and has been falsely implicated in the present case. Further submission is that the charge sheet against co-accused, who are directors of the Company, has been filed, which was challenged by filing Criminal Misc. Application U/s 482 Cr.P.C. No.30349 of 2021 (Awadesh Goel and 2 others vs. State of U.P. and another) and this Court vide order dated 07.01.2022 quashed the same on the basis of compromise deed. Further submission is that the applicant is not named in the FIR. The applicant is sought to be roped in the present case solely being the wife of one of the Director of the company, namely, Rajnish Mittal. The applicant is having no criminal history.
The applicant has already been enlarged on interim anticipatory bail by order dated 18.12.2020, which is as under:
"Sri Nikhil Kumar, Advocate, has put in appearance on behalf of the informant. He prays for and is granted three weeks time to file counter affidavit.
Learned AGA may also file counter affidavit within the same period.
Put up this case on 23rd February, 2021 as fresh case.
In the event of arrest of the applicant, Mamta Mittal, shall be released on interim anticipatory bail in Case Crime No. 968 of 2017, under Sections 420, 467, 468, 471,34 IPC, Police Station - Noida, Sector 20, District - Gautam Budh Nagar, on her furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the Station House Officer of the police Station/court concerned with the following conditions-
(i) The applicant shall make herself available for interrogation by a police office as and when required;
(ii) 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 from disclosing such facts to the Court or to any police office;
(iii) The applicant shall not leave India without the previous permission of the Court and if she has passport, the same shall be deposited by her before the S.S.P./S.P. concerned.
(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.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer will continue with the investigation and will not be affected by this order.
A copy of this order downloaded from the official website of this court shall also be produced before the S.S.P concerned by the applicant who shall ensure compliance of this order after due verification from official website of this court."
Learned A.G.A as well as learned counsel for the first informant have already filed counter affidavit. I have gone through the counter affidavit filed on behalf of opposite party and there is nothing in the aforesaid counter affidavit which may prevent non-confirmation of the above order.
Accordingly, the order dated 18.12.2020 is hereby confirmed.
Applicant-Mamta Mittal shall remain on anticipatory bail in the light of the judgment of Hon'ble Supreme Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
The anticipatory bail application is allowed to the aforementioned extent.
Order Date :- 7.7.2022
Ajeet
