Allahabad High Court
Vishal Srivastava vs State Of U.P. on 22 January, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 244 of 2020 Applicant :- Vishal Srivastava Opposite Party :- State of U.P. Counsel for Applicant :- Hari Bans Singh Counsel for Opposite Party :- G.A.,Ramesh Chandra Agrahari Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Hari Bans Singh, learned counsel for the applicant, Sri Ramesh Chandra Agrahari, learned counsel for the informant and Sri Amrit Raj Chaurasiya, learned A.G.A. for the State and perused the record.
This anticipatory bail application has been moved seeking bail in Case Crime No. 645 of 2019 under Section 379, 420, 467, 468, 471, 504 & 506 I.P.C., Police Station Barra, District Kanpur Nagar, during the pendency of trial.
As per the F.I.R., the informant was doing work of contract by the name of M/s. SAG Enterprises on 02.09.2019, two cheques have been mentioned in the F.I.R. which had gone missing from his vehicle and apart from that cash Rs. 5,000/- was also stolen. Subsequently, he received a message on his phone that those cheques were presented before the bank whereafter he informed the bank that they should not be allowed to be encashed. The accused applicant is said to be friend of informant who was in business deal with him. It is mentioned that after forging his signatures upon those lost cheques, the accused applicant put them in the bank for being encashed and subsequently the accused applicant admitted before the informant that he taken away those cheques and had also stolen Rs. 5,000/- from his vehicle. Subsequently, the accused demanded Rs. 5,00,000/- from the informant because he was in need of money which the informant could not provide him.
The submission made by the learned counsel for the applicant is that a flat was booked by the accused applicant with opposite party no. 2 for an amount of Rs. 28,00,000/- and out of which Rs. 12,00,000/- was paid to him through R.T.G.S., which is annexed at page 31 of the paper book and subsequently, neither the flat was given nor the money was returned by the informant. He had made a complaint to I.G. Police, U.P. which is annexed at page 34 to 37 of the paper book. Subsequently, the informant had given a cheque of Rs. 15,00,000/- to him, which is annexed at page 42 of the paper book and when it was submitted in the bank, it got bounced on 05.09.2019, which is annexed at page 43 of the paper book, and the reasons for dishonour of the said cheque is shown as "Funds Insufficient". Thereafter he had issued a notice to the informant for payment of the said amount failing which he would initiate proceeding under Section 138 of Negotiable Instruments Act and feeling aggrieved by the same, this false case has been lodged against the applicant. It is further argued that he is apprehending imminent arrest by the police. The applicant has no criminal history. If the accused applicant is released on anticipatory bail, he will not misuse the liberty of bail and shall cooperate in the investigation.
Learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer for grant of bail and have argued that two cheques which were missing from his vehicle were forged by the accused applicant. It is wrongly being said that the those cheques got dishonoured on account of insufficiency of funds as in his counter affidavit he has annexed the statement of his account related to the cheques in which it is mentioned that the said cheques were not honoured on account of direction being given by him for not making payment of those cheques.
Looking to the fact that there was business transaction between two sides going on, the possibility of false implication against the informant by the applicant could not be ruled out. Taking into consideration the gravity of accusation, there being no criminal antecedents of the applicant and there being no possibility of his fleeing from justice, without expressing any opinion on the merits of the case, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant Vishal Srivastava involved in Case Crime No. 645 of 2019 under Section 379, 420, 467, 468, 471, 504 & 506 I.P.C., Police Station Barra, District Kanpur Nagar, 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/her/them 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 shall be 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 prejudiced 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 :- 22.1.2020 VPS