Court No. - 70
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 18768 of 2021 Applicant :- Bharat Lal Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Mishra,Akhilesh Chandra Shukla,Satyendra Kumar Tripathi Counsel for Opposite Party :- G.A.,Shravan Kumar Pandey,Shyam Narain Pandey
Hon'ble Rajendra Kumar-IV,J.
Short counter affidavit filed on behalf of informant is taken on record.
Heard learned Counsel for the applicant, learned AGA for State, learned Counsel for the informant and perused the material available on record.
Accused-applicant, involved in Case Crime No.68 of 2021, under Sections 420, 406, 506, 467, 468 & 471 IPC, Police Station Juhi, District Kanpur Nagar, applied for anticipatory bail.
Learned counsel for the applicant submits in following manner :-
(i) Applicant is innocent and has been falsely implicated in the present case for the purpose of harassment. He has committed no offence. Entire prosecution story is false and fake.
(ii) Although applicant is named in the FIR but he has no concern with the present crime. Nothing has been recovered from the possession of the applicant. There is general allegation against the applicant. The actual dispute is with regard to the business transaction and there is no evidence against the applicant. Informant has tried to convert a civil dispute into criminal one. Except present case no other criminal case is pending against the applicant but he is harassed by the police without any credible evidence. Applicant is reputed person of the society, if he is arrested in the present case, he shall be humiliated.
(iii) There is no possibility of the applicant's fleeing away from the judicial process. In case, the applicant is enlarged on anticipatory bail, he shall not misuse the liberty of bail and would co- operate with the investigation.
Learned A.G.A. and learned Counsel for informant have vehemently opposed the prayer for granting anticipatory bail but conceded the factual submission made by learned counsel for the applicant and submitted that applicant has cheated the informant, thereby he committed the offence under the offence alleged.
Having regard to submission made by learned Counsel for parties and taking into consideration the gravity of accusation, nature of allegation, and there being no possibility of his fleeing from justice, without expressing any opinion on the merits of the case, the applicant is entitled to be released on anticipatory bail in this case.
Accordingly, the present anticipatory bail application is hereby allowed.
In the event of arrest, applicant Bharat Lal Tiwari shall be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173(2) Cr.P.C. on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the Investigating Officer / Court concerned with the following conditions :-
(i) the applicant shall make himself available for interrogation by a police officer 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.
Order Date :- 23.12.2021 I.A.Siddiqui