Allahabad High Court
Amit Yadav Alias Amit Kumar Yadav vs State Of U.P. Thru. Prin. Secy. ... on 10 January, 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. - 1803 of 2022
Applicant :- Amit Yadav Alias Amit Kumar Yadav
Opposite Party :- State Of U.P. Thru. Prin. Secy. Dept. Of Home Lko. And Another
Counsel for Applicant :- Amrendra Nath Tripathi,Ajay Shukla
Counsel for Opposite Party :- G.A.,Devendra Upadhyay
Hon'ble Karunesh Singh Pawar,J.
The present bail application has been filed by the applicant under Section 438 Cr.P.C. apprehending his arrest in Case Crime 532/2019, under Sections 406/420/323/506/392/467/468/471 and 120-B I.P.C., P.S. Indira Nagar, District Lucknow.
Heard learned counsel for the applicant and learned A.G.A. for the State as well as learned counsel for respondent no. 2.
It is alleged in the prosecution case in the F.I.R. that the informant was looking for a job and approached accused persons through advertisement published in a local daily news paper. The informant was duped and cheated that Rs. 16,50,000/- on false promise to provide government job, out of which, Rs. 8,50,000/- was allegedly taken by the applicant. During investigation, Section 467/468/471 and 120-B were added. Learned counsel for the applicant submits that the applicant has no criminal antecedents. He has cooperated in the investigation.
It is further submitted that he has not received any money from respondent no. 2 as alleged in the F.I.R. In fact respondent no. 2 earlier borrowed money from him which she returned in the bank account of the applicant. The money was borrowed by respondent no. 2 to procure job as a matter of fact the vacancy was advertised by Rani Laxmi Bai Girls Inter College seeking application for the post of Assistant Teacher. Respondent no. 2 applied against the said vacancy and appointed as Assistant Teacher (biology) in that aforesaid college on adhoc basis. She joined on the post of Assistant Teacher on 23.08.2017. Even the manager of the college vide order dated 23.08.2017 written to the District Inspector of School, Unnao for payment of salary to the applicant along with this. When the salary was not paid to respondent no. 2, a writ petition No. 9474/2018 "Km. Manjulata Singh Vs. State of U.P and others" was filed by the applicant for payment of salary which was finally disposed of vide judgment and order dated 30.05.2018. Still no salary could be paid to the applicant and when the desired relief was not granted to the complainant, in order to harass the applicant she has lodged an F.I.R. only to mount pressure.
Learned counsel for the applicant further submits that allegation in the F.I.R. are baseless and he has been falsely implicated. The investigating officer has filed the charge sheet without collecting the cogent and tangible evidence.
Learned A.G.A. as well as learned counsel for the complainant have vehemently opposed the bail application, however, could not dispute the fact that the applicant has no criminal history. He further submits that charge-sheet in the matter has been filed.
On due consideration to the submissions advanced, perusal of the record so also the fact that the applicant has no criminal history, he has cooperated in the investigation and he shall cooperate in the trial, 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.
In view of the above, since, charge-sheet in the matter has been filed, the accused applicant is directed to surrender before trial court, if he is summoned to face trial for offence in question. The accused applicant shall be released on bail by the trial court on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court concerned 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 application is allowed.
Order Date :- 10.1.2023
R.C.
