Allahabad High Court
Smt Savita Nagpal And Another vs State Of U.P. on 15 September, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:178928
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10394 of 2023
Applicant :- Smt. Savita Nagpal And Another
Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd. Naushad,Rajiv Sisodia
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Rajiv Sisodia, learned counsel for the applicants and Sri Ashutosh Srivastava, learned A.G.A. for the State as well as perused the record.
3. The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No.517 of 2023, registered under Sections 419, 420, 467, 468, 471, 120B, 465 IPC and Sections 66 and 66-B I.T. Act at Police Station- Baradari, District Bareilly with a prayer to enlarge them on anticipatory bail.
4. As per prosecution story, the applicants are stated to be the proprietors of three different companies who used to take holiday packages of various consumers for touring. The applicants are stated to have duped various persons of their hard earned money as they used to take amount from them and are even stated to have funneled it to their personal account. The address of one of the company was found fake.
5. Learned counsel for the applicants has stated that the applicants have been falsely implicated in the present case. They are bona fide persons and they do not disown any of the six persons arrested by the police. They were very much the employees of the company. The applicants have annexed the account details, annexed as annexure no.7 to the affidavit accompanying the anticipatory bail application, which indicates that all the amount has been transferred to the account of the company. All the three companies carry their own TIN number, Aadhaar number and PAN number.
6. Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegations made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon at length. There are no criminal antecedents of the applicants. There is not a single complaint by any of the consumers against any employee or the applicants. The applicants have apprehension of their arrest. The investigation is going on and they are ready to co-operate during investigation and trial as well, failing which the State can move appropriate application for cancellation of anticipatory bail.
7. Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application and has stated that the applicants are the main accused persons and address of one of the company M/s Limewood Hospitality and Holidays has been found to be fake.
8. In rebuttal, learned counsel for the applicant has stated that the said place was taken on rent @ Rs.34,000/- per month and the said tax invoice has been annexed as annexure no.4 to the affidavit accompanying the anticipatory bail application, but due to some dispute, the said place has been vacated by the applicants and the office has been shifted to Bhopal.
9. On due consideration to the arguments advanced by learned counsel for the applicants as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicants, the applicants are 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 applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.
10. In view of the above, the anticipatory bail application of the applicants is allowed. Let the accused-applicants-Smt. Savita Nagpal and Amit Kumar be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i). that the applicants shall make themselves available for interrogation by a police officer as and when required;
(ii). that the applicants 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 them from disclosing such facts to the court or to any police officer or tamper with the evidence;
(iii). that the applicants shall not leave India without the previous permission of the court;
(iv). that in case charge-sheet is submitted the applicants shall not tamper with the evidence during the trial;
(v). that the applicants shall not pressurize/ intimidate the prosecution witness;
(vi). that the applicants 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 concerned shall have the liberty to cancel the bail.
11. 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 :- 15.9.2023
Ravi Kant
(Krishan Pahal, J.)
