Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9088 of 2021 Applicant :- Ashok Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Vijay Shantam Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for interim anticipatory bail on behalf of the applicant, Ashok Kumar, in connection with Case Crime No.107 of 2020, under Section 420, 467, 468, 471, 504, 506 IPC, Police Station Bhojpur, District Ghaziabad.
Heard learned Counsel for the applicant and learned A.G.A. appearing for the State through video conferencing.
The submission of the learned Counsel for the applicant is that he is an ex-military man of good integrity, who has served the Nation for seventeen years selflessly earning a honourable discharge in the year 2001. He has no criminal history. It is urged that the instant prosecution has been launched on patently incredible allegations that the applicant accepted from the complainant money in the sum of Rs.3,53,000/- to secure employment in the Army and gave him a forged joining letter. The fact, in the submission of learned counsel for the applicant is that the applicant gave two cheques to the complainant for a sum of Rs.3,000/- which he interpolated to a figure of Rs.3,03,000/- and attempted to withdraw the enhanced amount from the applicant's bank account maintained with the Central Bank of India. Once he failed in that endeavour, he has brought the present prosecution to exert oblique pressure upon the applicant in order to extort money. The prosecution is an abuse of process of criminal law, it is urged. It is next submitted that there are no chances of the applicant fleeing justice, in case he is addmitted to the privilege of anticipatory bail.
Learned A.G.A. has opposed the prayer for bail.
Four weeks time is granted to the learned A.G.A. to file a counter affidavit.
Issue notice to the Senior Superintendent of Police, Ghaziabad, returnable within the same period of time.
List this application for orders on 14.06.2021.
Considering the submission made by learned counsel for the applicant, the emergent situation and risk due to the Covid-19 pandemic, the nature and gravity of the accusation and the fact that the applicant is a retired Army man with no criminal history, the fact that there is not much basis to the allegation of accepting money by the applicant to secure employment in the Army, the fact prima facie that the applicant had issued a cheque to the complainant which was interpolated to a higher amount and attempted to be withdrawn by the complainant, but without expressing any opinion on merit of the case, this Court finds it to be a fit case for interim anticipatory bail.
Meanwhile, in the event of arrest, the applicant Ashok Kumar, shall be released on interim anticipatory bail in Case Crime No.107 of 2020, under Section 420, 467, 468, 471, 504, 506 IPC, Police Station Bhojpur, District Ghaziabad, on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of Station House Officer of the Police Station/ Court concerned, subject to the following conditions:-
(1) The applicant will 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 office.
(2) The applicant will not leave India with 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.
(3) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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.
The applicant is directed to produce a computer generated copy of this order downloaded from the official website of Allahabad High Court, before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. The concerned authority shall also 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.
Order Date :- 13.5.2021 NSC