Allahabad High Court
Mohit Jain vs State Of U.P. And Another on 19 May, 2022
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 84 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3839 of 2022 Applicant :- Mohit Jain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State and perused the record.
It is contended on behalf of the applicant that applicant is not named in the FIR and has been falsely implicated in the present case. He did not commit any offence as alleged. No specific role has been assigned to the applicant. It is further submitted that applicant was marginal witness of power of attorney whereas the executor of power of attorney, namely, Vijay Kumar has already been granted anticipatory bail by this Court vide order dated 5.4.2022 in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 2199 of 2022, therefore, applicant is also entitled for bail on the ground of parity. It is further submitted that he has been implicated in the present due to ulterior motive. The applicant has no criminal history, having full apprehension of arrest after lodging of FIR, therefore, he may be granted anticipatory bail.
Learned A.G.A. opposed the prayer for anticipatory bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedent, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant Mohit Jain involved in Case Crime No. 304 of 2018, under Sections 420, 467, 468, 471 IPC, Police Station Civil Lines, District Meerut, shall be released on anticipatory bail till the submission of police report under section 173 (2) Cr.P.C. 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 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 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.
Order Date :- 19.5.2022 Arvind