Atul Singh vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 6157 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 500 of 2023
 

 
Applicant :- Atul Singh
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt Lko.
 
Counsel for Applicant :- Raj Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

The present anticipatory bail application has been filed by the applicant apprehending his arrest in Case Crime No.888 of 2021, under Section 409, 420, 467, 468, 471, 120-B, 504, 506 I.P.C. Police Station Gomti Nagar, District Lucknow.

Heard learned Counsel for the applicant and learned A.G.A. for the State/respondent as well as perused the record.

Learned counsel for the applicant submits that the applicant is not an officer or employee of the Shine City, the company against whom the allegations have been made. The informant has not given any consideration amount to the present applicant. In fact the applicant himself invested Rs.2,00000/- in the Shine City. The receipts are on record and he himself is the victim. Three First Information Reports of similar nature have been lodged against the applicant. The applicant has explained the criminal history in para 23 of the affidavit filed in support of the application. Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation.

Learned A.G.A. has opposed the bail prayer however does not dispute the aforesaid facts.

On due consideration to the fact that the applicant has no previous criminal history; First Information Report has been lodged after delay of almost one year; undertaking that the applicant shall cooperate in the investigation; and also considering the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be expedient in the interest of justice that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.

Accordingly, the anticipatory bail application is allowed. It is provided that in the event of arrest, the applicant shall be released on bail in Case Crime number on his furnishing a personal bond and two sureties of 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 witness.

(2) The accused-applicant will remain present within 20 days' from today before the Investigating Officer concerned, failing which, the benefit of this order shall not be available to him.

(3) The applicant shall not leave India without previous permission of the Court.

In case of breach of any of the above conditions, the court below shall have the liberty to cancel the bail.

Such other reasonable conditions which the learned trial court may deem fit may be imposed.

Order Date :- 27.2.2023

Madhu