Allahabad High Court
Preeti Singh (Second Abail) vs State Of Up Thru.Prin.Secy.Home ... on 23 February, 2023
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- CRIMINAL MISC II ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 276 of 2022
Applicant :- Preeti Singh (Second Abail)
Opposite Party :- State Of Up Thru.Prin.Secy.Home Lko And Another
Counsel for Applicant :- Anilesh Tewari,Adarsh Singh,Desh Deepak Singh,Mohammad Irfan Siddiqui
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in Case Crime No.0872/2021, under Sections 409, 420, 504, 506 Indian Penal Code, Police Station Gomti Nagar, District Lucknow.
Heard learned counsel for the applicant as well as learned A.G.A. for the State-respondent and perused the material available on record.
The Co-ordinate Bench of this Court vide order dated 24.02.2022 while granting interim protection to the applicant has passed the following order:-
"Heard Sri Desh Deepak Singh, learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 0872/2021, under Sections 409, 420, 504, 506 Indian Penal Code, Police Station Gomti Nagar, District Lucknow, with a prayer to enlarge him on anticipatory bail.
As per prosecution story, applicant alongwith six other co-accused persons and 10-15 unknown persons are said to have duped the first informant to the tune of Rs. 5,01,250/-, the applicant being an employee of Shine City Infraproject Pvt. Ltd. and was appointed in the company on the post of H.R. Generalist.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. Learned counsel has stated that the FIR has been lodged on 1.11.2021 and the applicant had resigned from the said company way back on 27.12.2015. Much reliance has been placed on the resignation letter annexed as Annexure-5 collectively. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length.
Learned counsel for the applicant undertakes that he will cooperate in the investigation failing which the State can move appropriate application for vacation of the interim protection.
Learned A.G.A. has opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicant.
Matter requires consideration.
Three weeks' time is granted to learned A.G.A. and learned counsel for the first informant to file counter affidavit.
One week's time, thereafter, is granted to learned counsel for the applicant for filing rejoinder affidavit.
On due consideration to the arguments advance by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant, as an interim measure, is liable to be enlarged on anticipatory bail in view of the Constitution Bench judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98". The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
In the event of arrest, the accused-applicant- Preeti Singh shall be released forthwith in the aforesaid case crime (supra) on interim anticipatory bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned on the following conditions:-
(i) the applicant shall make himself available for interrogation as and when required;
(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; and
(iii) the applicant shall not leave India without the previous permission of the Court.
List on 6th April, 2022 in the additional cause list."
Learned counsel for the applicant submits that investigation is still going on by the LIU, applicant has not misused the liberty grated by this Court and has cooperated in the investigation and further undertake to cooperate in the investigation.
Learned A.G.A. has opposed the prayer made by learned counsel for the applicant submitting that the investigation is going on.
On due consideration to the fact that investigation is going on, applicant has not misused the liberty granted by this Court so also the fact that applicant has resigned from the company on 27.12.2015, F.I.R.was lodged on 01.11.2021 though the incident is alleged to have taken place on 05.01.2019, 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-Preeti Singh 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 stands allowed.
Order Date :- 23.2.2023
Saurabh Yadav/-
