Allahabad High Court
Girija Shankar Gupta vs State Of U.P. Thru. Prin. Secy. ... on 10 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. - 325 of 2023
Applicant :- Girija Shankar Gupta
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another
Counsel for Applicant :- Rajat Pratap Singh,Ayush Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No.008/2023 under sections 406, 420, 352, 506 I.P.C., P.S. Vikas Nagar, district Lucknow.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Notice to respondent No.2 is dispensed with.
As per prosecution case, the informant paid a sum of Rs.4 lacs to the son of the applicant some years back for providing tiles and marbles. However, in the agreed time, the tiles and marbles were not provided by the son of the applicant and when the money was demanded by the informant from the son of the applicant, he started making excuses. The applicant felt that he has been cheated. Then the informant complained to the applicant and it is alleged that the applicant became angry at that point. Six cheques worth Rs.3 lacs were given by the son of the applicant and on the assurance given by the son of the applicant for payment, the informant did not submit the cheques for clearance. However, even after expiry of the cheques, the son of the applicant refused to make payment. On the call, when the informant reached at the house of Mohit Gupta, the applicant got annoyed and both the applicant and his son Mohit Gupta have threatened the informant and refused to make payment.
It is submitted on behalf of the applicant that as per first information report, the money allegedly was given by the informant to the son of the applicant and not to the applicant. The applicant is 68 years old and is a senior citizen. There is no allegation against the applicant so as to constitute offence under section 406 I.P.C.. So far as other offences are concerned, there is also no material evidence against the applicant.
It is next submitted that the applicant has cooperated in the investigation. Charge sheet has been filed. He undertakes on behalf of the applicant that the applicant shall cooperate in the trial.
Learned A.G.A. has opposed the prayer made by the applicant's counsel.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the applicant who is 68 years of age, the fact that the allegation of cheating is on the son of the applicant, the applicant having no criminal antecedents, the undertaking given on behalf of the applicant that he shall cooperate in the trial and gravity of offence, I am of the opinion that the applicant is entitled to be released on bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to his cooperation in the trial.
In view of the above as also keeping in view of the judgment in Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC OnLine 98, the accused applicant is directed to surrender before trial court if he is summoned to face trial for offence in question after filing of the charge sheet. Till conclusion of the trial, the accused applicant shall be released on anticipatory bail by the trial court on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial Court, with the following conditions.
(i) 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 tamper with the evidence;
(ii) The applicant shall not leave India without the previous permission of the court;
(iii)The applicant shall not pressurize/ intimidate the prosecution witness;
(iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;
Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.
It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.
In view of the aforesaid, the anticipatory bail application is allowed.
Order Date :- 10.2.2023
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