Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32771 of 2019 Applicant :- Avadh Bihari And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Vikas Sharma,Amit Rai Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Vikas Sharma and Sri Amit Rai, learned counsels for the applicants,Sri S.K.Pundir,learned counsel for the informant as well as learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicants that according to the F.I.R. the applicants entered into an agreement to sell the house to opposite party no.2 and his brother for a sum of Rs.20 lacs. Out of which, according to the opposite party no.2 Rs.13 lacs was given in cash and Rs. 2 lacs was transferred in his account. However, the applicants subsequently refused to execute the sale deed. Learned counsel has submitted that essentially the dispute between the parties is civil in nature and so far as transfer of Rs. 2 lacs in the account of applicant is concerned, it was transferred on account of business transaction and there is no evidence at this stage except oral evidence that Rs. 13 lacs in cash was paid. No written agreement to sell or receipt of amount by the applicants was executed. The applicants have no criminal antecedent to his credit. Therefore, the applicants may be enlarged on anticipatory bail.
Learned A.G.A. as well as learned counsel for the informant opposed the prayer for bail and submitted that during investigation collateral evidence that amount of Rs.13 lacs being paid to the applicant has been collected, thus the applicants may not be granted anticipatory bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants, Avadh Bihari and Smt. Mithilesh involved in Case Crime No. 288 of 2019 under Sections 420, 504 and 506 I.P.C., Police Station Budhana, District Muzaffar Nagar, they 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 each of them 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 applicants shall make themselves available for interrogation by a police office as and when required;
(ii) the applicants 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 office;
(iii) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them 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 applicants.
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 prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicants.
The applicants are 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.
In view of aforesaid, the application for anticipatory bail is, accordingly, allowed.
Order Date :- 22.8.2019 MN/-