Sudhir Kumar vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 2330 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. - 2016 of 2022
 

 
Applicant :- Sudhir Kumar
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Dept. Lko.
 
Counsel for Applicant :- Arshad Jameel,Ashish Kumar Jain,Mohd. Salman
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

The present bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in case crime No.0249 of 2022 under sections 419, 420, 467, 468, 471 I.P.C., P.S. Hasanganj, district Lucknow.

Heard learned counsel for the applicant and learned Additional Government Advocate for the State.

Learned counsel for the applicant submits that although in the first information report, it is alleged that from 10.5.2022 to 20.7.2022, on different dates, amount has been transferred in the account of the accused persons, including the present applicant, however, no amount was deposited in the account of the applicant on 10.5.2022 which is apparent from the bank statement filed along with the supplementary affidavit.

It is next submitted that in fact, the complainant took loan of Rs.2,54,000/- from the applicant in June, 2022. After some time, the complainant returned Rs.1,23,000/- only to the applicant. He gave a cheque in lieu of the payment. However, the said cheque was bounced and thereafter the applicant gave legal notice to the complainant and filed a case under Section 138 N.I. Act.

Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation.

Considering the above aspects of the matter, perusal of the record, the applicant has no criminal antecedent, from perusal of the first information report, prima facie, there appears to be no allegation of forgery on the applicant, the undertaking given on behalf of the applicant that he shall cooperate in the investigation, as also 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 appropriate to grant protection to the applicant under Section 438 Cr.P.C.

It is provided that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned.

The applicant shall cooperate in the investigation and he will not influence the witnesses. The accused-applicant will remain present as and when the arresting officer /I.O./ S.H.O. concerned call (s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court.

In case of default, it would be open for the investigating agency to move application for vacation of this protection.

The application is allowed accordingly.

Order Date :- 23.1.2023

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