Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13981 of 2021 Applicant :- Ashok Chauhan Opposite Party :- State of U.P.
Counsel for Applicant :- Abhijeet Mukherji,Rajiv Lochan Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This is an application for the anticipatory bail given by the applicant Ashok Chauhan in Case Crime No. 0837 of 2019, under Sections 419, 420, 467, 468, 471, 406 I.P.C., P.S.-
Kotwali, District -Deoria.
As per F.I.R. version the informant Bank sanctioned loan for the purchase of vehicle and the applicant is dealer who sold the vehicle. The F.I.R. is lodged that the dealer has submitted fake R.C. and has given vehicle to other person and this fact came in light when R.C. was scrutinized.
The submission of the learned counsel for the applicant is that the applicant is only dealer of the vehicle and the purchaser are different persons and there is no role of the applicant in committing fraud. The loan is sanctioned on the basis of surveyors report, therefore, it has been submitted that applicant has been falsely implicated and it is a fit case for anticipatory bail. It is further submitted that applicant has no criminal history and applicant is prepared to furnish sureties and bonds, there is no possibility of his either fleeing away from the judicial process or tampering with the evidence, therefore, applicant is entitled for grant of anticipatory bail.
Learned A.G.A. has vehemently opposed the prayer of bail.
Considered the submission made by learned counsel for both the sides. In view of the aforesaid facts and finding that applicant is only dealer who has business of selling the vehicles and the purchasers are some other persons, therefore, I find it to be a fit case in which anticipatory bail may be granted to the applicant. Hence the anticipatory bail application is allowed till the filing of the charge-sheet.
In the event of arrest of the applicant Ashok Chauhan involved in the aforesaid case shall be released on anticipatory bail on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer /C.J.M./ Court of the police station concerned with the following conditions:-
1) The applicant shall make themselves available for interrogation by a police officer as and when required;
2) 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 officer or tamper with the evidence;
3) The applicant shall not leave India without the previous permission of the court;
4) In default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
5. In case of filing of charge-sheet they shall appear before the court concerned for suitable orders according to section 438(3) Cr.P.C. and other condition which may be imposed by the Magistrate or the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad and the concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
The applicant is directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today.
Accordingly the anticipatory bail application is finally disposed off.
Order Date :- 22.9.2021 Bhanu