Allahabad High Court
Altaf @ Gultaj vs State Of U.P. on 2 May, 2024
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:79002
Court No. - 76
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3055 of 2024
Applicant :- Altaf @ Gultaj
Opposite Party :- State of U.P.
Counsel for Applicant :- Suresh Chandra Pandey
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Suresh Chandra Pandey, learned counsel for the applicant and Sri R.P. Patel, 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 applicant in Case Crime No.264 of 2017, registered under Sections 419, 420, 452, 504, 323, 506, 427, 467, 468 I.P.C. at Police Station- Naini, District- Prayagraj with a prayer to enlarge him on anticipatory bail.
4. As per prosecution story, the applicant is stated to have introduced the informant to the co-accused persons by stating that they are the owners of the said property which was agreed to be purchased by the informant for a consideration of Rs.52 lakhs of which Rs.5 lakhs were given as advance and Rs.2 lakhs were given for constructing the boundaries of the said plot. Subsequently, an agreement to sale was executed on 18.8.2015 for a consideration of Rs.25 lakhs. In all, Rs 32 lakhs are stated to have been given to the co-accused persons in collusion with the applicant, which have been usurped by them and they have not executed the sale-deed of the property in question.
5. Learned counsel for the applicant has stated that he has been falsely implicated in this case. The applicant has been assigned the role of simply introducing the co-accused persons to the informant. The informant himself had filed an affidavit in the instant case in the court of A.C.J.M., Court No.2, Allahabad, whereby he has stated that the applicant is innocent and has been wrongly arrayed as an accused. It is further stated that the informant himself is a history sheeted person as he has a long criminal history of six cases which includes two cases under the SC/ST Act.
6. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The applicant has apprehension of his arrest. There is no criminal antecedent of the applicant. Learned counsel has stated that the applicant undertakes that he 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.
7. Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application on the ground that Rs.1 lakh has been transferred to the account of the applicant and he has withdrawn Rs.40,000/- through a bearer cheque. As such, the applicant is not entitled for anticipatory bail.
8. In rebuttal, learned counsel for the applicant has stated that the said money has been transferred to the account of the applicant under coercion.
9. 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 Supreme Court.
10. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Altaf @ Gultaj 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 applicant shall make himself 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 him 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 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 :- 2.5.2024
Vikas
(Justice Krishan Pahal)
