Allahabad High Court
Sushil Kumar vs State Of Thru. Prin. Secy. Home ... on 15 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. - 366 of 2023
Applicant :- Sushil Kumar
Opposite Party :- State Of Thru. Prin. Secy. Home Civil Secrt. Lko. And Another
Counsel for Applicant :- Hari Krishna Verma,Himanshu Tiwari
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.180 of 2017 under sections 406, 420 I.P.C., P.S. Hasanganj, district Lucknow.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It is alleged in the prosecution case that the informant was employed with Raghav Agri Producer company Limited. The owner of the company Rajkumar Raghav and Neeraj Kumar took money around Rs.2 lacs each from his relatives and friends on the pretext of providing them clerical job in Aided Junior High Schools. It is further alleged that despite the company getting closed since last one year, the Director of the company Sushil Kumar is not returning money and instead he is threatening the informant and others.
It is submitted on behalf of the applicant that the applicant is not the Director of the company. There was no entrustment made to him. The applicant is working as Accounts Manager. The appointment letter of the applicant is annexed with the affidavit filed in support of the application for anticipatory bail as annexure No.4.
It is submitted that very ingredients of sections 420, , 406 I.P.C. are missing. The applicant has not made any wrongful gain from the alleged transaction. The applicant has no criminal antecedent. The applicant has cooperated in the investigation. Learned counsel further undertakes on behalf of the applicant that the applicant shall further cooperate in the trial.
Learned A.G.A. has opposed the prayer made by the applicant's counsel, however, he does not dispute the aforesaid fact that during investigation, the accused applicant has cooperated in the investigation.
Without expressing any opinion on the merits of the case and considering the nature of accusation and 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 anticipatory 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. The accused applicant shall be released on 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 :- 15.2.2023
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