Allahabad High Court
Prashant Agarwal vs State Of U.P. And 2 Others on 11 September, 2019
Author: Rajul Bhargava
Bench: Rajul Bhargava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33334 of 2019 Applicant :- Prashant Agarwal Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Prateek Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajul Bhargava,J.
Heard Sri Prateek Kumar, learned counsel for the applicant ]as well as learned A.G.A. appearing for the State and perused the averments made in the first information report and rejection order.
It has been argued by learned counsel for the applicant that admittedly the applicant had advanced a sum of Rs.50,00,000/- to the first informant for setting off the loan advanced by the first informant from a bank. Subsequently, they entered into an agreement that from the money financed by the applicant a building would be constructed of which there would be half share between the both parties. Learned counsel states that essentially the dispute between the parties is of accountancy and is civil in nature and prima facie no offence of cheating is made out against the applicant. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant- Prashant Agarwal involved in Case Crime No. 381 of 2019, under Sections 420, 504, 506 I.P.C., Police Station- Bannadevi, District- Aligarh, 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 officer 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 officer;
(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 certified 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 certified 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 present Criminal Misc. Anticipatory Bail Application is, accordingly, allowed.
Order Date :- 11.9.2019 Vikas