Allahabad High Court
Navdeep Garg @ Manu Agarwal And Another vs State Of U.P. And Another on 24 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. - 3006 of 2020 Applicant :- Navdeep Garg @ Manu Agarwal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nitin Sharma Counsel for Opposite Party :- G.A.,D.M.Tripathi Hon'ble Ramesh Sinha,J.
Heard Sri Nitin Sharma, learned counsel for the applicants, Km. Meena, learned A.G.A. appearing for the State and perused the record.
Sri D.M. Tripathi, learned counsel for the opposite party no.2 is not present, though the matter is called in the revised list.
On 19.6.2020, the following interim order was passed by the co-ordinate Bench:
"Heard learned counsel for the applicants, learned AGA and Sri D.M. Tripathi, learned counsel for the opposite party no.2.
Learned counsel for the applicants submitted that applicants have been falsely implicated in the present case. As per FIR version, opposite party no.2 has given Rs.16,000,00/- to the applicants, which is absolutely incorrect. In fact, applicants have received Rs.8,32,236/- as part payment from the opposite party no.2 for providing FLAT at Sushant Golf City, Lucknow. Notices were issued to opposite party no.2 for payment of remaining amount, but the same was not responded by the opposite party no.2. Due to which, FLAT in question could not be provided. Lastly, he submitted that applicants are having no criminal history and only to pressurize them to fulfil the illegal demand of opposite party no.2, frivolous FIR has been lodged against them.
Sri D.M. Tripathi, learned counsel for the opposite party no.2 vehemently opposed the prayer for anticipatory bail, but could not dispute this fact that opposite party no.2 had paid only Rs.8,32,236/-. He further prays for and is granted three weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed within one week thereafter.
List this case on 24.7.2020.
Till then, no coercive action shall be taken against the applicants. "
The above interim order was further extended on 24.8.2020.
Learned counsel for the applicant states that the applicant has no other reported criminal antecedent. The said fact is mentioned in para no. 49 of the affidavit.
Inspite of the time granted, learned A.G.A. has not filed any counter affidavit in the matter and also could not point out any further incriminating material against the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicant is entitled to be released on bail in this case.
In the event of arrest of the applicant Navdeep Garg involved in Case Crime No. 0174 of 2020 under sections 419, 420, 467, 468, 471, 406, 506, 120-B I.P.C., Police Station George Town, District Prayagraj, he shall be released on 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 :- 24.9.2020 Deepika