Allahabad High Court
Smt Parveen Khatoon And 3 Others vs State Of U.P. on 5 April, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 83 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 88 of 2023 Applicant :- Smt Parveen Khatoon And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Gopal Das Srivastava,Dhirendra Bahadur Singh,Krishna Mohan Misra,Sr. Advocate Counsel for Opposite Party :- G.A.,Mani Ram Verma,Sudhir Kumar Agarwal Hon'ble Mrs. Jyotsna Sharma,J.
01. Heard Sri Gopal Das Srivastava, learned counsel for the applicants, Sri Sudhir Kumar Agarwal, learned counsel for the first informant and Sri O.P. Mishra, learned AGA for the State and perused the papers on record.
02. The present application has been moved by the applicants Smt. Parveen Khatoon, Imran Khan, Parevej Alam and Waseem Akram seeking anticipatory bail in Case Crime no.139 of 2022, under Sections 419, 420, 406 and 506 I.P.C., P.S. Chowk, District Maharajganj.
03. As per allegations in the F.I.R.,one Ram Gopal alias Ashar Khan posing himself as a person having high connections and posted in the secretariat Delhi, lured the first informant into giving him Rs.6 lac for each candidate for securing their jobs in the Central Secretariat. It is alleged in the F.I.R. that his wife Praveen Tasboon and brothers-in-law Parvej Alam, Imranj Khan and Waseem Akram backed him and confirmed his assurance. They assured the first informant that he may deposit for his sons and other relatives Rs.6 lakh each. The first informant, therefore transferred about Rs.30 lakh in 12 accounts belonging to the applicants.
04. It is further alleged therein that neither the first informant nor any other candidate was given job nor their money was returned. There are certain other allegations in the F.I.R. relating to threats extended to the first informant. He has also expressed his apprehension that most probably the applicants and co-accused Ram Gopal alias Ashar are involved in an organised crime of thuggery and cheating and have connections with people across the border and have been frequently travelling to Nepal, Bangladesh, Bihar, West Bengal; Ramgopal @ Ashar Khan?s wife applicant No.1 has been boasting about his high deals and probably have been receiving money through Hawala.
05. It is contended on behalf of the applicants that the main allegations have been imputed against Ram Gopal alias Ashar only. The applicants do not have any concern with the transaction of money. It is further contended that in fact 1st informant had taken money to the tune of Rs.20 lakh from the applicant no.3 and 4 but he did not return the same. Therefore, the applicant no.3 and 4 filed an application under Section 156(3) Cr.P.C. for registering the case against him. This F.I.R. has been filed as counter measure to save himself. It is further contended that applicant no.4 had deposited sum of Rs.7 lakh in the account of Mahatam Yadav. They do not have any concern with the incident and have been falsely implicated in this case.
06. The anticipatory bail application is opposed by learned A.G.A. highlighting the fact that the F.I.R. specifically mentioned that the present applicants were hand in glove with the main accused Ram Gopal alias Ashar. All of them were working in tandem to wrest money from the first informant. Besides Ram Gopal Yadav, applicant no.3 and 4 received money in their accounts; sufficient details regarding bank account in which money was transferred have been given in the F.I.R. itself. Certain amounts were transferred in the bank account of applicant no. 3 and 4. There are many allegations in the F.I.R. itself to substantiate the theory that the applicant no.1 to 4 were all complicit in this case of extortion, cheating and defrauding the informant; story given by the applicants in defence is nothing but eye wash; till now no case against the informant has been registered on the basis of any report/application given by applicant nos.3 and 4. The applicants challenged first information report by way of filing Criminal Misc. Writ Petition Nos.13449 of 2022 and 15873 of 2022. Both were disposed of in the light of judgment of Hon'ble Apex Court in the case of Arnesh Kumar vs. State of Bihar (2014) 8 SCC 273; But he never appeared before the court instead have come before this Court in anticipatory bail. They do not appear to have any intention to submit before the courts of law. Number of witnesses have supported the F.I.R. version.
07. I considered the nature of accusation and other material on record. Prima facie it does not appear that the F.I.R. has been lodged against him with the purpose of bringing disgrace or cause humiliation to him by having him arrested in a mala fide manner. It may also be kept in mind that anticipatory bail is an extraordinary remedy to be exercised in suitable cases only. The powers under Section 438 Cr.P.C. cannot be utilized in a routine manner and definitely not as a substitute for regular bail. This discretionary power calls for existence of facts of the kind where the court is satisfied that its interference is necessary to further the cause of justice and to prevent misuse of process of law.
08. In view of the facts and circumstances of the case I do not find it a fit case to grant benefit of anticipatory bail.
09. Hence the anticipatory bail application is rejected.
10.It is made clear that observations made in rejecting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion at any stage of the case based on material before him.
Order Date :- 5.4.2023/Asha