Allahabad High Court
Khushboo Gupta vs State Of U.P.Through Principal ... on 6 February, 2023
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19 of 2022
Applicant :- Khushboo Gupta
Opposite Party :- State Of U.P.Through Principal Secretary Home
Counsel for Applicant :- Sarvesh Kumar Dubey
Counsel for Opposite Party :- G.A.,Rajesh Kumar,Vinod Kumar Mishra
Hon'ble Karunesh Singh Pawar,J.
The present bail application has been filed by the applicant under Section 438 Cr.P.C. apprehending her arrest in Case Crime No. 112/2021, under Sections 419/420/467/468/471/406 I.P.C., P.S. Hanswar, District Ambedkar Nagar.
Heard learned counsel for the applicant and learned A.G.A. for the State as well as Shri Rajnish Kumar holding brief of Shri Rajesh Kumar, learned counsel for the complainant.
The Coordinate Bench of this Court vide order dated 19.01.2022 has passed the following order granting interim protection to the applicant while taking note of the gist of the controversy:-
"The Court convened through video conferencing.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present application under Section 438 of Cr.P.C. has been filed for anticipatory bail in Case Crime No.112 of 2021, under sections 419, 420, 467, 468, 471, 406 I.P.C., Police Station Hanswar, District Ambedkar Nagar.
Learned counsel for the applicant has submitted that informant of the present case was the super stockist appointed by the applicant's firm and there was a business deal in between them. He further submitted that on the basis of concocted facts, FIR in question was lodged after about one year from the date of incident. He further submitted that applicant is ready to cooperate in the investigation, but she is having apprehension that she may be arrested. He further submitted that custodial interrogation is not necessary in the present case, therefore, the anticipatory bail may be granted to him.
Learned A.G.A. opposes the prayer of applicant and submitted that prima facie offence is made out, therefore, applicant is not entitled for anticipatory bail, but he does not dispute the fact that investigation is going on.
Considering the argument of learned counsel for the applicant as well as learned A.G.A. and going through the contents of the FIR, other relevant documents and business agreement in between applicant and informant. In such circumstances, matter requires consideration.
In the event of arrest of the applicant, namely, Khushboo Gupta in the aforesaid case, he shall be released forthwith by the Station House Officer of the police station concerned, on her furnishing personal bond of Rs.50,000/- with the following condition:-
(i) That the accused-applicant shall make themselves available for interrogation by police authorities as and when required and will cooperate with the investigation;
(ii) That the accused-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; and
(iii) That the accused-applicant shall not leave India without the previous permission of the Court.
However, it is directed that the applicant will join and participate in each and every aspect of Investigation and will lend full assistance to the Investigating Agency, even with regard to 'discovery of fact' if and when required so by the Investigating Agency.
List this case on 21.02.2022 for final disposal.
In the meantime, learned A.G.A. may file counter affidavit."
Learned counsel for the applicant submits that it is a purely business dispute. The investigation is going on in this case. The applicant has cooperated in the investigation and she has no criminal antecedents.
It has been further submitted that Ayansh Enterprises entered into an agreement with M/s Pawan Associates. The informant is proprietor of M/s Pawan Associates. The applicant is proprietor of the firm Ayansh Enterprises. It is purely a business transaction. The applicant has been falsely implicated. The investigation is going on. The applicant has cooperated in the investigation, however, undertakes to cooperate in the investigation.
Learned counsel for the applicant has relied on the judgment of the Apex court passed in the case of "Indian Oil Corporation Vs. NEPC India Limited and others", reported in (2006) 6 SCC 736. Emphasis is on para 39 and 40.
Learned A.G.A. has opposed the prayer made by learned counsel for the applicant, however, could not dispute this fact that there is business agreement between the applicant and the complainant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, coupled with the undertaking given by the applicant that she will cooperate in the investigation as also the fact that there is business agreement between the applicant and the informant and she is not a previous convict, it would be expedient in the interest of justice that the liberty of the applicant may be protected till filing of police report u/s 173(2) Cr.P.C in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.
In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid Case Crime number on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:-
(1) The applicant shall cooperate in the investigation and she will not influence the witnesses.
(2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation.
(3) The applicant shall not leave India without previous permission of the Court.
(4) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection.
The application is disposed of.
Order Date :- 6.2.2023
R.C.
