Allahabad High Court
Nirav Parmar vs State Of U.P. And Another on 18 December, 2023
Author: Shekhar Kumar Yadav
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:239480
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13728 of 2023
Applicant :- Nirav Parmar
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Pratik Chandra
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
1. Supplementary affidavit has been filed today, is taken on record.
2. Heard learned counsel for the applicant and learned Additional Government Advocate for the State.
3. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.32 of 2022, under Sections 420, 406, 323, 504, 506, 120-B IPC, Police Station Modinagar, District Ghaziabad.
4. Learned counsel for the applicant submits that applicant has been falsely implicated in the present case just to harass the applicant in fact no such incident has taken place as alleged in the impugned FIR. The applicant has never committed any offence as alleged in the impugned FIR. There was a business transaction between the applicant and the informant. The incident is alleged to have taken place on 17.02.2021 whereas the impugned FIR has been lodged on 20.01.2022 i.e. about 11 months of the alleged incident but no plausible explanation has been mentioned. He further submits that earlier the anticipatory bail was granted to the applicant by the court below, which was dismissed in default, thereafter, the applicant has filed anticipatory bail before the court below which was dismissed. He further submits that the dispute is purely civil in nature but the same has been given criminal colour. The cause of action arose at State of Gujarat and not in State of U.P. There is specific provision under the Arbitration Act, hence, the dispute can very well be decided under Arbitration Act, 1966. He further submits that the applicant is having no previous criminal history as has been mentioned in paragraph 55 of the affidavit. He further submits that applicant has apprehension of imminent arrest and in case, the applicant is released on anticipatory bail, he will not misuse the liberty and would co-operate with the trial. In support of his submission, he has relied upon the judgment of Hon'ble Apex Court in the case of Kunti and others vs. State of U.P. and others passed in Criminal Appeal No.1380 of 2023 arising out of Special Leave Petition (Criminal) No.11673 of 2019 decided on 03.05.2023.
5. Learned A.G.A. has vehemently opposed the prayer for anticipatory bail of the applicant but could not dispute the aforesaid contentions raised by learned counsel for the applicant.
6. Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, he is directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC Online SC 98. The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
7. In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant-Nirav Parmar, involved in the aforesaid case crime be released on anticipatory bail till conclusion of trial on furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
(i) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation.
(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 him from disclosing such facts to the Court or to any police officer.
(iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
(iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.
(v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
(vi) In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC Online SC 98.
(vii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against his in accordance with law.
8. In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
9. With the aforesaid observations/ directions, the application is disposed of.
Order Date :- 18.12.2023
Ajeet
