Allahabad High Court
Dinesh Kumar Gautam (Anticipatory Bail ... vs State Of U.P. & Anr. on 21 January, 2020
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 13 Case :- BAIL No. - 12488 of 2019 Applicant :- Dinesh Kumar Gautam (Anticipatory Bail Application) Opposite Party :- State Of U.P. & Anr. Counsel for Applicant :- Neeraj Singh Hon'ble Dinesh Kumar Singh,J.
1. Heard learned counsel for the accused-applicant as well as learned Additional Government Advocate, representing respondent no. 1-State, and perused the application, including the Annexures attached therewith.
2. By means of this application under Section 438 CrPC, the accused-applicant has sought anticipatory bail in FIR No.0580 of 2017, under Sections 420, 467, 468, 471 and 506 IPC lodged at Police Station Kotwali, District Unnao.
3. Learned counsel for the accused-applicant submits that the allegation against him is only in respect of Rs.50,000/-. He also submits that the undertakings of the complainant given in the stamp paper dated 16.03.2017 would not be executed by him. He will not claim any amount on the basis of the said agreement. He further submits that he has been cooperating in the investigation and if it is found that he owe any money to the complainant, he is willing to pay the amount. The learned counsel further submits that the accused-applicant is also willing to return Rs.50,000/- (rupees fifty thousand), which was allegedly transferred in his bank account through RTGS.
4. In view of the aforesaid, the accused-applicant will not claim any amount on the basis of stamp paper dated 16th March, 2017, and he will return Rs.50,000/- (rupees fifty thousand) through a Bank Draft in the name of the complainant within one week from today. The accused-applicant should handover the bank draft to Investigating Officer, who will give it to the complainant within next ten days.
5. Considering above aspects, and without entering into merit of the case, it would be appropriate to grant protection to the accused-applicant under Section 438 Cr.P.C. till filing of the police report under Section 173(2) Cr.P.C. In the event of arrest, the accused-applicant shall be released on bail on his furnishing a personal bond of Rs.30,000/- and two sureties each in the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned. The accused-applicant shall cooperate in the investigation and he will not influence the witnesses. He will remain present as and when the arresting officer/I.O./S.H.O. concerned call for investigation/interrogation. The accused-applicant shall also be released with the following conditions:-
(i) that the accused-applicant shall make himself available for interrogation by a police officer as and when required;
(ii) that the accused-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; and
(iii) that the accused-applicant shall not leave India without the previous permission of the Court.
7. With the above observation/direction, the anticipatory bail application is disposed of.
[D.K.Singh,J.] Order Date :- 21.1.2020 MVS/-