Allahabad High Court
Uma Shanker Chaurasiya vs State Of U.P. Thru. Prin. Secy. Home ... on 6 July, 2022
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1050 of 2022 Applicant :- Uma Shanker Chaurasiya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrtt. Lko And Another Counsel for Applicant :- Chanchal Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
Heard learned counsel for the applicant and Sri Girjesh Kumar Dwivedi, learned Additional Government Advocate for the State and perused the records.
The applicant is seeking anticipatory bail in connection with Case Crime No.- 214 of 2021, under Sections 419, 420, 406, 467, 468, 471, 506 IPC, Police Station - Naseerabad, District - Raebareli.
As per prosecution story, the applicant, alongwith two other persons, are said to have usurped an amount of Rs. 23 lakhs from three persons on the pretext of providing them a government job and even are said to have provided them fake joining letters. The applicant and the other co-accused persons are said to have refused to return the said amount due towards them.
Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. The applicant had taken a loan from the first informant and has bonafidely returned the said amount. Learned counsel has annexed the bank statements in support of his contention. Learned counsel has next stated that applicant had issued blank cheques in lieu of the loan taken from the first informant and the first informant has not returned the said cheques to him and Complaint Case No. 10504 of 2022 was registered in the Court of Additional C.J.M.-3, Raebareli, which is annexed as Annexure-6 to the affidavit filed with the anticipatory bail application. It is next stated that applicant is ready to co-operate in the investigation. There is no criminal history and, therefore, he is entitled for protection from this Court.
Learned Additional Government Advocate has opposed the prayer for anticipatory bail on the ground that N.B.W. has been issued against the applicant, although the charge sheet has not yet been filed.
Considering the overall facts and circumstances of the case, this Court is of the opinion that the applicant deserves to be granted anticipatory bail in connection with the aforesaid case.
Accordingly, the anticipatory bail application is disposed of with following directions:-
(A) In the event of arrest of the applicant involved in aforesaid case 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/her furnishing a personal bond of Rs.50,000/- with two sureties each of the like amount to the satisfaction of the Station House Officer of the police station concerned;
(B) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation;
(C) 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 them from disclosing such facts to the Court or to any police officer; and (D) The applicant shall not leave India without the previous permission of the Court.
In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 6.7.2022 Shalini