Allahabad High Court
Vivek Prakash Srivastava vs State Of U.P. on 11 August, 2023
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:163088
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9135 of 2023
Applicant :- Vivek Prakash Srivastava
Opposite Party :- State of U.P.
Counsel for Applicant :- Arpan Srivastava,Abhishek Bhushan
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
1. Heard learned counsel for the applicant and learned Additional Government Advocate for the State.
2. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking anticipatory bail in Case Crime No.073 of 2023, under Sections 420, 406 and 120B IPC, Police Station Naimandi, District Muzaffar Nagar.
3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case, in fact, no such incident has taken place. The applicant have never committed any offence as alleged in the impugned FIR. As per allegation, the applicant and other co-accused persons including the head representative of Lyre Bird Electro India Private Limited, namely, Sunil Kapoor and managing director of the company, namely, Smt. Nandini Pal have illegally took an amount of Rs.16 lakh from the applicant with the promise to sell electronic scooters to the informant but it is alleged that even after paying the entire amount, the electronic scooters have not been given to the informant. He further submits that the applicant is only an employee of the aforesaid company, who was managing sale and marketing department. He further submits that since the entire amount was deposited in the bank account of the company and of Sunil Kapoor, the applicant cannot be held liable for the alleged offence. The applicant is having no previous criminal history as has been mentioned in paragraph 35 of the affidavit. He further submits that applicant has apprehension of imminent arrest and in case, applicant is released on anticipatory bail, he will not misuse the liberty and would co-operate with the trial.
4. Learned A.G.A. opposed the prayer for anticipatory bail of the applicant and has submitted that the applicant and other co-accused persons have embezzled huge amount of the informant. The allegations are serious and in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail. The apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear, anticipatory bail cannot be granted.
5. From the perusal of material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant.
6. After having very carefully examined, the submissions made by the learned counsel for the applicant and perused the material brought on record, there is no justification for granting anticipatory bail to the applicant. Accordingly, the prayer for grant of anticipatory bail is hereby refused.
7. At this stage, learned counsel for the applicant submitted that directions may be given to the court below to consider the bail application of the applicant in view of the judgment in the case Satender Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.
8. In the case of Satender Kumar Antil (supra), the Hon'ble Supreme Court laid down the guidelines for deciding of the bail application. For that purpose, the cases have been divided under four categories. The Hon'ble Supreme Court has observed that the trial courts and the High Courts will keep in mind the aforesaid guidelines, while considering the bail application. This Court has no doubt, that as and when, the applicants approach the trial court for bail, the trial court shall definitely follow the directions given in the case of Satender Kumar Antil (supra).
9. However, considering the nature of the allegations and submissions made by learned counsel for the applicant, it is directed that in case the applicant appears and surrenders before the court concerned and applies for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid by this Court in the case of Satender Kumar Antil (Supra).
10. With the above directions, this anticipatory bail application is disposed of finally.
Order Date :- 11.8.2023
Ajeet
