Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39292 of 2019 Applicant :- Brijesh Kumar Joshi And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Raju Ratan Chauhan,Shree Rung Pandey Counsel for Opposite Party :- G.A.,Shyam Kumar Verma,Vimal Chandra
Hon'ble Ramesh Sinha,J.
Counter affidavit has been filed by Sri Shyam Kumar Verma, learned counsel for the complainant, is taken on record.
Heard Sri Raju Ratan Chauhan, learned counsel for the applicants Sri Shyam Kumar Verma, learned counsel for the complainant, Sri Gaurav Pratap Singh, learned AGA for the State and perused the record.
It has been contended by the learned counsel for the applicants that the complainant, who is an Advocate, has given money to the applicants for getting him on a panel of the Roadways Corporation but he states that the money which was paid to the applicants was returned by the complainant to them as the complainant had taken money for the construction of his house. He further submitted that the applicant No.1 is a truck driver and the allegation which has been levelled is false and fabricated. He next contended that the applicants are falsely implicated in the present case due to mala fide intention and only to harass them. The applicant No.2 is the wife of applicant No.1.
Learned counsel for the complainant opposed the statement made by counsel for the applicants and submitted that an amount of Rs.2 lacs were transferred by the complainant in the account of the applicants through RTGS and Rs.1.5 lacs were given in case. He next submitted that the complainant has paid the money to the petitioner No.1 and the applicant is in habit of duping the innocent persons in such a manner.
Taking into account the fact that the applicant no.2-Smt. Saroja Devi is a lady, without expressing any opinion on the merits of the case, she is entitled to be released on bail in this case.
In view of the above, in the event of arrest of the applicant no.2 Smt. Saroja Devi (who is lady), involved in Case Crime No.173 of 2019, under Sections 420, 406, 504, 507 I.P.C., P.S. Utraon, District Prayagraj, she 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 furnishing personal bonds 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 no. 2 shall make herself available for interrogation by a police office as and when required;
(ii) the applicant no. 2 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 from disclosing such facts to the Court or to any police office;
(iii) the applicant no. 2 shall not leave India without the previous permission of the Court and if she have passport, the same shall be deposited by her 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 no. 2.
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 no. 2.
The applicant no.2 is directed to produce a certified copy of this order before the S.S.P./S.P. concerned within two weeks from today, who shall ensure the compliance of present order.
So far as applicant no.1-Brijesh Kumar Joshi is concerned, without expressing any opinion on the merits of the case and considering the submission advanced, the nature and gravity of the accusation, I find no good ground for grant of bail to the applicant no.1-Brijesh Kumar Joshi, involved in Case Crime No.173 of 2019, under Sections 420, 406, 504, 507 I.P.C., P.S.
Utraon, District Prayagraj.
Accordingly, the anticipatory bail application of applicant no.1- Brijesh Kumar Joshi, is rejected.
Order Date :- 26.9.2019 Nitin Verma