Allahabad High Court
Suresh Kumar Garg vs State Of U.P. on 23 January, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
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Court No. - 80
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12371 of 2022
Applicant :- Suresh Kumar Garg
Opposite Party :- State of U.P.
Counsel for Applicant :- Shashi Kant Shukla
Counsel for Opposite Party :- G.A.,Shiv Babu Dubey
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned counsel for informant as well as learned A.G.A. for State and perused the record.
Facts in brief are that in the year 2013 this applicant transferred by sale some agricultural land in favour of informant and in the same year on 28.1.2013 also transferred some other land in favour of the wife of the informant and later on the applicant got the aforesaid land sold in favour of Sunil Agrawal, Director Apara Buildcon Pvt. Ltd. and a cheque was handed over for consideration of sale which was dishonoured by the bank. In the meantime, mutation proceedings were initiated in which applicant filed objection as a result mutation was not done. Thereafter, the aforesaid land was got transferred by sale in favour of Admire Infra Marchentize Pvt. Ltd., Prayagraj whose director is Smt. Vimla Upadhyay and the applicant is commercial partner in that company and also made his signature as conforming party. In this regard, the applicant took a cheque for Rs. 50 lacs in his son's name. In this way, he committed fraud with the informnat.
It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case. In this case, nothing wrong has been done by the applicant with the informant. No any money was received by him from the informant. The land said to be transferred was sold in favour of Smt. Vimla Upadhyay by Sunil Agrawal, Director of Apara Buildcon Pvt. Ltd. In her favour applicant sold the land on previous occasion and it was sold by informant to Sunil Agrawal who handed over a cheque which was dishonoured with which this applicant has no concern. Further submitted that a cheque containing the amount of Rs 50,00,000/- was given to son of this applicant by Smt. Vimla Upadhyay who is director of Admire Infra Marchentize Pvt. Ltd., Prayagraj because money was due against Sunil Agrawal and it was agreed that this payment would be made by Smt. Vimla Upadhyay. When the fact of dishonour came into the knowledge of Smt. Vimla, she told this fact to the applicant not to encash the cheque so he did not encash the cheque. In this way, he did not commit any fraud with the informant. It is also submitted that the applicant is not a partner in Admire Infra Marchentize Pvt. Ltd., Prayagraj with Smt. Vimla Upadhyay but he has been falsely roped in this case. Informant was called by the Investigating officer to establish the fact of forgery but he did not appear before him even Sub-registrar has also stated before the Investigating Officer that no forgery was committed while executing the sale deed with the informant. Applicant is cooperating with the investigation and his statement has also been recorded by the Investigating Officer. Lastly, it is submitted that the applicant was knocking the door of the learned courts, in the meantime, the process was issued against him. The applicant is under apprehension of imminent arrest. In case, he is released on anticipatory bail, he would not misuse the liberty of bail and would cooperate with the investigation.
On the other hand, learned counsel for informant as well as learned AGA opposed the prayer of anticipatory bail and urged that in this case, this applicant and Smt. Vimla Upadhyay, Director of Admire Infra Marchentize Pvt. Ltd. are partners and the land was got transferred by this applicant in favour of Smt. Vimla Upadhyay regarding which she gave a cheque amounting to Rs. 50,00,000/- in favour of son of this applicant and the land was first got transferred in favour of Sunil Agrawal, Director of Apra Buildcon Pvt. Ltd. This applicant again got it transferred in connivance with these persons. The applicant was well known to the fact that land was transferred in favour of Sunil Agrawal regarding which cheque for consideration money was also dishonoured and mutation was not done in his favour even though he became conforming party at the time of sale of the same land in favour of Smt. Vimla Upadhyay, Director of Admire Infra Marchentize Pvt. Ltd. All the transactions regarding property in dispute were well in the knowledge of this applicant from the very beginning to the end. Further urged that the applicant is continuously fleeing from the investigation and avoiding the process and he is not cooperating with the investigation. Against the applicant N.B.W. was issued by learned court on 11.2.2022, thereafter proceedings u/s 82 Cr.P.C. has also been started, even though he is not appearing before the Investigating Officer. After the statement of the applicant recorded by the Investigating Officer, he is neither appearing before him nor cooperating that was the reason N.B.W. and process u/s 82 Cr.P.C. were issued against him. Learned counsel for the informant has placed reliance on the judgment of the Hon'ble Apex Court in the case of Yogendra Kumar Mishra Vs. State of U.P. and another 2022 4 ADJ 667 in which it has been observed that no relief of anticipatory bail can be granted where applicant has been declared absconder in terms of Section 82 Cr.P.C.
Considering the facts and circumstances of the case and submissions made by learned counsel for the applicant, informant as well as learned A.G.A. and perusal of record and the fact that the applicant is avoiding the process of the learned court and has been declared to be absconder and without making any comment on merit of the case, there appear no good ground to be made out for anticipatory bail. The anticipatory bail application of applicant Suresh Kumar Garg involved in Case Crime No. 281 of 2021, under Sections 419, 420, 467, 468, 120-B, 471 IPC, Police station Jhunsi, District Prayagraj is hereby rejected.
Order Date :- 23.1.2023
A. Singh
