Allahabad High Court
Shashank Saxena vs State Of U.P. Thru. Prin. Secy. ... on 3 August, 2023
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:51608
Court No. - 16
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 411 of 2023
Applicant :- Shashank Saxena
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Civil Sectt. Lko. And Another
Counsel for Applicant :- Abhinav Nath Tripathi,Alok Kumar Tripathi
Counsel for Opposite Party :- G.A.,Brijesh Singh Vishen,Mohammad Irfan Siddiqui
Hon'ble Subhash Vidyarthi,J.
1. On 17.02.2023, after hearing the learned counsel for the applicant and the learned A.G.A. this Court had passed the following interim order -
"The present anticipatory bail application has been filed by the applicant apprehending her arrest in F.I.R.No./Case Crime No. 16 of 2023, under Sections 409, 420 I.P.C., Police Station Vibhuti Khand, District Lucknow.
Heard learned Counsel for the applicant and learned A.G.A. for the State/respondent as well as perused the record.
Issue notice respondent no.2.
Learned counsel for the applicant submits that the allegation in the F.I.R. against the applicant/accused are false because when informant invested the money in Vasundhara Company in the year 2014, the applicant did not work in the said company. Instead the applicant started working in the Vasundhara Company since 12.2.2016 as Marketing Sales Executive. It is submitted by learned counsel for the applicant that co-accused Shilpi Verma has been granted interim protection by this Court vide order dated 16.2.2023 passed in Crl. Misc.Anticipatory Bail Application No.378 of 2023. The role of the applicant is on similar footing than the co-accused Shilpi Verma. The applicant seeks parity. The Relevant portion from the order of co-accused Shilpi Verma is extracted below:-
"It is alleged in the F.I.R. that in the project Orchid Valley launched by Vasundhara Group, he contacted an associate on mobile . He along with his wife and family members met with Sudhir Singh, M.D. of the. They decided to invest in the project on 16.07.2014. The informant with his wife and other have booked a plot each in the said project by depositing the entire booking amount in cash, thereafter from September 2014 to November 2014, the said informant and other persons kept depositing the remaining 75% amount, however, since no development took place on the project and upon being inquired they were told that it will be completed in due time. They have deposited total of Rs. 45,37,750/- with the company. It is further alleged that till July, 2019, the company had not developed the project and they were kept delaying it and hence, on April 2022, the informant requested the said company to refund the money as per agreement terms, however, they have denied. M.D. of the company and other employees of the company including Sudhir Singh have usurped the entire amount deposited by the informant and other investors.
Learned counsel for the applicant submits that the applicant is a lady; she joined in the company in the year 2017, copy of which is on record as annexure No. 4 to the petition.
It has been further submitted that F.I.R. has been lodged on 07.01.2023. The allegation of usurping the money by the company is also false and the entire money has been returned to the investors. Specific pleadings along with bank statement has been mentioned in para 10 of the bail application.
Issue notice to respondent No. 2.
Learned A.G.A. though has opposed the bail application, however, on the basis of the instructions submits that during investigation section 409 I.P.C. has been dropped and now investigation is going on under Section 406 and 420 I.P.C. as the money has been returned. He further prays for and is allowed 15 days' time to file counter affidavit."
Learned A.G.A. has opposed the bail prayer, however, does not dispute the facts stated by learned counsel for the applicant.
Considering the above aspect of the matter, perusal of the record as well as the fact that the applicant has no criminal antecedents, as well as the fact that the applicant at the relevant time in the year 2014 was not posted in the Company; undertaking that the applicant shall cooperate in the investigation as also the judgment of Apex Court passed in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C.
Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned.
The applicant shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court.
In case of default, it would be open for the investigating agency to move application for vacation of this interim protection.
List on 24.3.2023 along with Crl. Misc. Anticipatory Bail Application Nos. 378 of 2023, 380 of 2023, and 411 of 2023"
2. The complainant has filed counter affidavit wherein it has been stated that he had given money to the company from 2014 to 2019. It is recorded in the order dated 17.02.2023 that the applicant had joined the company in since 12.02.2016 as Marketing Sales Executive. Nothing has come to light which may persuade this Court to take a view, different from the view taken while passing the aforesaid order, nor the learned A.G.A. has pointed out violation of any of the conditions of interim anticipatory bail committed by the applicant.
3. Learned counsel for the applicant informs that the applicant has already furnished bail bonds in compliance of the interim order dated 17.02.2023.
4. In view of the aforesaid circumstances, the interim order dated 17.02.2023 is hereby made absolute and the application is allowed in terms of the aforesaid order.
Order Date :- 3.8.2023
Pradeep/-
