Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32751 of 2019 Applicant :- Bharat Bhushan Gulati Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Amit Daga,Abhishek Kumar Jaiswal Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Amit Daga, learned counsel for the applicant, Sri Amit Rana, 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 applicant that the applicant is 60 years man having grown up and married children who are settled in Singapore and Bengaluru. He has further submitted that in fact the applicant has business term with M/s Gupta Marbles and on account of some business transaction certain cheques were issued by the firm M/s Gupta Marbles which bounced. In this respect, a complaint under Section 138 of Negotiable Instrument Act was instituted by the applicant against M/s Gupta Marbles. Copy of the complaint is filed as annexure-3 to the affidavit filed support of the application. He has further argued that first informant is in fact employee of M/s Gupta Marbles and the proprietor of aforesaid firm against whom the applicant was pursuing case under Section 138 of Negotiable Instrument Act has been instrumental in getting alleged F.I.R. lodged by the first informant with patently false and frivolous allegations. The applicant has no criminal antecedent to his credit. Therefore, the applicant 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 in fact there was no reason for the prosecutrix to put her reputation on stake by making such frivolous allegations. Thus the applicant 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 applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant,Bharat Bhushan Gulati involved in Case Crime No. 149 of 2019 under Sections 376 and 506 I.P.C., Police Station Railway Road, District Meerut, he 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 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 him 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.
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 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.
In view of aforesaid, the application for anticipatory bail is, accordingly, allowed.
Order Date :- 21.8.2019 MN/-