Allahabad High Court
Dinesh Kumar Gangwar vs State Of U.P. on 17 May, 2023
Bench: Nalin Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:108129
Court No. - 84
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4562 of 2023
Applicant :- Dinesh Kumar Gangwar
Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Yadav
Counsel for Opposite Party :- G.A.,Nitesh Kumar Srivastava
Hon'ble Nalin Kumar Srivastava,J.
1. Heard Sri Santosh Kumar Yadav, learned counsel for the applicant and Sri R.M. Yadav, learned A.G.A. for the State as well as perused the record.
2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.345 of 2022, registered under Sections 420, 406, 467, 468 and 471 IPC at Police Station- Kotwali, District Badaun with a prayer to enlarge her on anticipatory bail.
3. As per prosecution story, the applicant and her husband are stated to have usurped seeds worth Rs.15,71,977/- from the informant on the basis of fake documents and are stated to have taken a cheque of Rs.6,70,477.5/- from the informant, the payment of which was already stopped by him after getting the knowledge of the said forgery committed by the applicant and his wife. The said cheque was bounced and a case under N.I. Act was instituted by the husband of the applicant against the informant.
4. Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case only just to tarnish his image and injure his reputation in the society. The whole story has been cooked up by the informant just to harass the applicant and a case was instituted under Section 138 of N.I. Act by the husband of the applicant against the informant. The said complaint case is on record, filed as annexure no.3 to the affidavit filed with the anticipatory bail application. The complaint case was filed by the husband of the applicant on 05.12.2019 and the informant has been summoned vide order dated 15.03.2022. Learned counsel has further stated that the present FIR is a counterblast to the said summoning order dated 15.03.2022 as it has been instituted on 16.07.2022. He has further submitted that for realization of Rs. 15,71,977/- (Rs. fifteen lac seventy one thousand nine hundred seventy seven) Original Suit No. 54 of 2021 has already been filed by the informant in the Court of Civil Judge (S.D.), Budaun, which is still pending. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against her. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There are no criminal antecedents of the applicant. The applicant has apprehension of her arrest. Learned counsel for the applicant undertakes that she has co-operated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
5. Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicant.
6. On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1". The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
7. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Dinesh Kumar Gangwar be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i). that the applicant shall make herself available for interrogation by a police officer as and when required;
(ii). that 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 her from disclosing such facts to the court or to any police officer or tamper with the evidence;
(iii). that the applicant shall not leave India without the previous permission of the court;
(iv). that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;
(v). that the applicant shall not pressurize/ intimidate the prosecution witness;
(vi). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(vii). that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
8. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.
Order Date :- 17.5.2023
Faridul
