Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 15593 of 2021 Applicant :- Bhupendra Tyagi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
This anticipatory bail application has been filed on behalf of the applicant seeking anticipatory bail in Case Crime No. 41 of 2019, under Sections - 420, 406 I.P.C., Police Station - Civil Lines, District - Meerut, during the pendency of trial.
Upon consideration of the various aspects of this case, obviously, the claim is that it is no crime at all and virtually the matter can be settled by negotiation and reconciliation between the parties and whatever amount is found due against the applicant, he is ready to settle the same. So far as the allegations are concerned against the applicant, the same came to the light only after filing of the application under Section - 156(3) Cr.P.C. The loan transaction entered into with the bank is required to be liquidated by the applicant provided an opportunity is given for reconciliation by the competent court of law at lower level.
Also heard the learned A.G.A.
So far as the allegations are concerned in the F.I.R., at this stage, there is no ground for interference and the anticipatory bail is declined. However, the applicant is free to urge the concept of reconciliation before the competent court of law and in case, it is so made, the competent court of law may facilitate the negotiation process between the parties as admissible under law.
With the aforesaid observation, the instant anticipatory bail application is disposed of.
It is made clear that nothing has been observed by this Court on merits.
Order Date :- 22.10.2021/S Rawat Digitally signed by Justice Arvind Kumar Mishra Date: 2021.10.25 15:26:33 IST Reason: Document Owner Location: High Court of Judicature at Allahabad