Allahabad High Court
Banti @ Brijesh vs State Of U.P. on 4 August, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28072 of 2022 Applicant :- Banti @ Brijesh Opposite Party :- State of U.P. Counsel for Applicant :- P.K. Singh Counsel for Opposite Party :- G.A.,Kamlesh Kumar Dwivedi Hon'ble Subhash Vidyarthi,J.
1. Heard Sri P.K. Singh, the learned counsel for the applicant, Sri Shashi Shekhar Tiwari, the learned Additional Government Advocate and Sri Kashi Nath Shukla, Advocate holding brief of Sri Kamlesh Kumar Dwivedi, learned counsel for the informant and perused the record.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 258 of 2021, under Sections 409, 420, 467, 468, 471, 386,120B, 504, 506, 34 IPC, Police Station Shamshabad, District Agra during pendency of the trial in the Court below.
3. The aforesaid case has been registered on the basis of an F.I.R. dated 07.10.2021 which has been lodged on the basis of an application under Section 156 (3) Cr.P.C. filed by one Megh Singh against seven named accused persons Bhagwan Singh, Lakhan Singh, Dinesh sons of Fateh Singh and Jayanti @ Saurab, Banti @ Brijesh, Gaurav Singh and Sachin Singh sons of Bhagwan Singh. Fateh Singh and Bhagwan Singh are said to be real brothers.
4. In the application filed under Section 156 (3) Cr.P.C. it has been alleged that the informant grows potatoes in his field and also in the field of his brother-in-law Lokendra Singh. He alleged that in March 2020 he stored 713 packets of potatoes and 1018 packets potatoes of his brother-in-law Lokendra Singh in Maa Ambey Gauri Sheetgrah Pvt. Ltd. Village Chitaura, Shamshabad. The F.I.R. alleged that the accused Bhagwan Singh is the director of the said cold storage and all other persons were working in the cold storage in the various capacities. Later on, it transpired that the cold storage was being operated without renewal of the licence and it further states that the potatoes were not returned to him.
5. The learned counsel for the applicant has submitted that previously on the same allegations one Ravi Parihar son of Lokendra Singh had lodged an F.I.R. on 17.09.2020 which was registered as Case Crime No. 192 of 2020 similar to those contained in the F.I.R. of Case Crime No. 258 of 2021 had been levelled.
6. In the affidavit filed in support of the bail application, it has been stated that a dispute is going on regarding the cold storage between Lokendra Singh (father of Ravi Parihar and brother-in-law of the present F.I.R.) and Bhagwan Singh father of the applicant-accused in the present F.I.R. and a petition under Sections 241-242 of Companies Act, 2013 filed by Lokendra Singh is pending in the National Company Law Tribunal.
7. It has been stated in the affidavit that entire allegations levelled in the F.I.R. are false. The applicant has neither cheated the informant or did he prepare any forged documents.
8. In paragraph No. 21 of the affidavit, it has been stated that prior to lodging of the present case, the applicant had no criminal history. The applicant had been implicated in Case Crime No. 454 of 2016 under Sections 147, 148, 149, 307, 452, 323, 504 IPC, in which final report has been submitted. It has further been stated that in N.C.R. No. 51 of 2021 under Sections 504, 506 IPC, Police Station Tajganj, District Agra, the applicant is not involved.
9. The learned counsel for the applicant has submitted that the F.I.R. in question has been lodged in order to put undue pressure on the applicant and his family members in the case pending before the National Company Law Tribunal.
10. It has further been submitted that one of the co-accused persons Gaurav has already been enlarged on bail by means of an order dated 21.07.2022 passed by this Court in Criminal Misc. Bail Application No. 27618 of 2022. The applicant is languishing in jail since 22.05.2022.
11. Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could dispute the aforesaid aspects of the matter.
12. Having regard to the aforesaid facts, particularly the fact that a dispute is pending before the National Company Law Tribunal and Ravi Parihar, who is a nephew of the present informant, has lodged F.I.R. on the similar allegations that he had stored potatoes in the applicant's cold storage and that he had been cheated by the applicant and his family members and still he chose to store his potatoes in the same cold storage again in the year 2021 and also considering the fact that co-accused Gaurav has already been granted bail by this Court, I am of the view that the applicant is entitled to be released on bail.
13. In light of the preceding discussion and without making any observation on the merits of the case, the instant bail application is allowed.
14. Let the applicant Banti @ Brijesh be released on bail in Case Crime No. 258 of 2021, under Sections 409, 420, 467, 468, 471, 386,120B, 504, 506, 34 IPC, Police Station Shamshabad, District Agra on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.
15. In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 4.8.2022 Jaswant