Allahabad High Court
Yogeshwar Sood vs State Of U.P. on 23 September, 2020
Author: Ramesh Sinha
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5011 of 2020 Applicant :- Yogeshwar Sood Opposite Party :- State of U.P. Counsel for Applicant :- Alok Ranjan Mishra Counsel for Opposite Party :- G.A.,Bhanu Prakash Verma,Indra Deo Mishra,Shri Ram (Rawat) Hon'ble Ramesh Sinha,J.
Heard Sri Gopal S. Chaturvedi, learned Senior Advocate assisted by Sri A.R. Mishra, learned counsel for the applicant, Sri B.P. Verma, Sri I.D. Mishra and Shri Ram (Rawat), learned counsels for the complainant, Ms. Archana Singh, learned A.G.A. appearing for the State and perused the record.
An exemption application has been filed on behalf of the applicant along with present bail application for exempting the filing of certified copy of the F.I.R. as it could not be made available to the applicant due to COVID-19.
The exemption application is allowed.
The filing of certified copy of the F.I.R. is hereby exempted.
It has been contended by the learned counsel for the applicant that there was business relationship between the parties. He submits that the dispute between the parties is purely civil in nature. The applicant has no other reported criminal antecedent. He submits that a Co-ordinate Bench of this Court while granting interim order in favour of the applicant on 8.9.2020 passed a detailed order after hearing counsel for the respective parties which is quoted hereinbelow:-
"Heard Sri G.S. Chaturvedi, learned Senior counsel assisted by Sri Alok Ranjan Mishra, learned counsel for the applicant; Sri Shivendra Nath Singhal, learned counsel for the complainant and learned Additional Government Advocate for the State and perused the records.
The applicant is seeking anticipatory bail in connection with Case Crime No.-648 of 2019, under Sections 409 and 420 I.P.C., Police Station- Kotwali, District- Mathura.
The FIR under Sections 409 and 420 IPC was lodged against the applicant wherein a final report was submitted by the Investigating Officer on 16.12.2019. Thereafter, a notice was issued to the complainant on 07.02.2020 for his appearance on 15.04.2020.
It is the contention of the learned counsel for the applicant that if the matter for accepting the final report was pending, the Magistrate could not have issued non-bailable warrant on 10.02.2020 and on 26.02.2020. He further argued that this Court in any manner cannot be prevented from giving any relief if non-bailable warrants are issued. He submitted that the Court would analyze as to under what circumstances the non-bailable warrants were issued.
Learned counsel for the complainant has, however, submitted that since further investigation was ordered on 06.01.2020 and the applicant was absconding, necessitating orders under Section 82/83 of Cr.P.C., this Court need not interfere.
Under such circumstances, it is necessary to get relevant instructions from learned AGA. He may bring on record the investigation which might have taken place after further investigation was ordered. The learned AGA may also explain as to under what circumstances the FIR under Section 174-A was filed.
Put up this matter on 15.09.2020 as fresh.
In the meantime, it is provided that no coercive measures shall be taken against the applicant in the aforesaid case, provided: (a) applicant has already not been arrested; and (b) applicant continues to co-operate with the Investigating Officer by presenting himself before him as and when he would require him for the purpose of investigation."
Learned counsel for the complainant and learned A.G.A. opposed the prayer for bail but could not point out any incriminating material against the applicant.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents and the fact that earlier a detailed order has been passed in the present case by a Co-ordinate Bench and till date no counter affidavit has been by the complainant, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant Yogeshwar Sood involved in Case Crime No. 648 of 2019 under section 409, 420 I.P.C., police station Kotwali, District Mathura, he shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on his furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicant shall make himself available for interrogation by a police office as and when required;
(ii) 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 office;
(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 23.9.2020 Shiraz