Court No. - 84
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 18361 of 2021 Applicant :- Ashok Kumar Sharma @ Ashok Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Munesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 701 of 2007, under sections 406, 420, 409, 467, 468, 471 & 120-B IPC, Police Station- Bisauli, District- Budaun.
Facts in brief are that applicant alongwith other co-accused persons was operating a finance company in which money was deposited & promised to be returned back to account-holders at higher rate of interest. The complainant deposited money with the company but it was not given back to him.
It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in this case. He has not committed any offence. He was only partner in the alleged company. Bhaskar was the director whose arrest has already been stayed by co-ordinate Bench of this Court. Further submitted that co-accused Smt. Geeta Sharma, Indu Sharma, Madhu Sharma and Pushkar Upadhyay have already been granted anticipatory bail by co-ordinate Bench of this Court on 2.12.2021 and 9.11.2021 through Criminal Misc. Anticipatory Bail Application Nos. 18475 of 2021 and 18565 of 2021, since the role of applicant is not distinguishable with the role of co- accused, the applicant is also entitled for anticipatory bail. Lastly, it is submitted that the applicant is under apprehension of imminent arrest. In case, he is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.
Learned AGA has opposed the prayer for anticipatory bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98.
In the event of arrest of the applicant- Ashok Kumar Sharma @ Ashok Sharma shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C., 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 of the police station concerned with the following conditions:-
(i) The applicant shall make himself available for interrogation by a police office 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 from disclosing such facts to the Court or to any police office;
(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 is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 17.12.2021 A. Singh