Allahabad High Court
Anoop Agarwal vs State Of U.P. Thru. Prin. Secy. ... on 31 July, 2023
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:50510
Court No. - 16
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 421 of 2023
Applicant :- Anoop Agarwal
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
Counsel for Applicant :- Satendra Kumar (Singh),Abhishek Misra,Karunesh Singh,Nalin Arora
Counsel for Opposite Party :- G.A.,Vaibhav Shukla
Hon'ble Subhash Vidyarthi,J.
1. On 20.02.2023, after hearing learned counsel for the applicant and learned A.G.A. for the State this court had passed the following order:
"The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No.209 of 2021 under sections 406, 420, 409, 448, 504, 506 I.P.C., P.S. Aliganj, district Lucknow.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It is submitted on behalf of the applicant that the applicant and respondent No.2 are real brothers and the Directors and share holders in the three private limited companies. The allegation in the prosecution case is regarding withdrawal and deposit of some money by the applicant in the capacity of Director. The first information report further alleges that the applicant has resigned from the said company.
It is submitted that the grievance of the informant who is real brother of the applicant is regarding the mismanagement and mal- administration of the affairs of the company and also regarding the alleged fraud committed by the present applicant as a Director of the company. It is submitted that in this context, the informant can approach the Registrar of Companies who can enquire and submit its report to the Central Government and the Central Government after receiving such report can direct SFIO to conduct investigation. It is submitted that it is purely a dispute between the two Directors regarding management of of the company. Remedy is also to file a complaint before special court established under section 435 read with section 439(2) of the Companies Act Aggrieved person can also approach under section 213 of the Companies Act by making an application to the tribunal to investigate in the affairs of the company.
It is also submitted that a pure civil dispute is sought to be given a criminal colour. The alleged three resignation letters have been sent by the applicant for FSL examination which has submitted its report which shows that the resignation letters have not been signed by the applicant ; rather it is the informant who has forged the signatures of the applicant and ousted him from the company.
It is next submitted that the applicant has cooperated in the investigation. Charge sheet has been filed. He undertakes on behalf of the applicant that the applicant shall cooperate in the trial.
Issue notice to respondent No.2.
Learned A.G.A. has opposed the prayer made by the applicant's counsel and submitted that FSL report is by a private company.
List on 29.3.2023.
Without expressing any opinion on the merit of the case and considering the nature of dispute which prima facie appears to be civil in nature, the applicant having no criminal antecedents, the undertaking given on behalf of the applicant that he shall cooperate in the trial, as also having regard to the judgment in 30.11.2021 passed in M.B. No.27486 of 2021 Vandana Yadav and others versus State of U.P. and others, I am of the opinion that the applicant, in the event of arrest, is entitled to be enlarged on anticipatory bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to his cooperation in the trial.
In view of the above as also keeping in view of the judgment in Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC OnLine 98, the accused applicant is directed to surrender before trial court if he is summoned to face trial for offence in question after filing of the charge sheet. In the event of arrest/surrender before the court, the accused applicant shall be enlarged on anticipatory bail by the trial court on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial Court, 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."
2. Although a counter affidavit has been filed on behalf of the State, nothing has come to light which may persuade this court to take a view, other than the view taken at the time of granting interim anticipatory bail to the applicant.
3. The learned A.G.A. could not point out any violation of the conditions of interim anticipatory bail committed by the applicant.
4. In view of above, the interim order dated 20.02.2023 is made absolute and the anticipatory bail application is allowed. In case the applicant has not furnished the bail bonds till date, he will appear before the trial court and furnish the bail bonds within a period of two weeks from today.
(Subhash Vidyarthi,J.)
Order Date :- 31.7.2023
Preeti.
