Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9098 of 2021 Applicant :- Faizan Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Devi Prasad Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for anticipatory bail on behalf of the applicant, Faizan in connection with Case Crime No. 0033 of 2021 under Sections 506, 504, 406 IPC Police Station Faizganj Behta, District Budaun.
Heard learned Counsel for the applicant and learned A.G.A. appearing for the State through video conferencing.
The submission of learned counsel for the applicant is that he is an employee with the HDFC Bank wherefrom the complainant availed a loan to finance the purchase of a two wheeler. The allegation is that four leaves from the complainant's cheque book have been taken out by the applicant. It is pointed out that the loan is in arrears which have not been repaid by the applicant; it is being demanded by the Bank concerned. The accusation has been made mala fide in order to harass and humiliate the applicant, who has no more connection to the transaction than being an employee of the HDFC Bank, Roadways Bus Stand, Branch Chandausi. There is no evidence about any kind of criminal breach of trust by the applicant or defalcation of funds by him. The applicant apprehends arrest by the police in the present crime. It is submitted by the learned counsel for the applicant that he has no criminal history, and, there is no likelihood of the applicant fleeing from justice.
Learned A.G.A. has opposed the prayer for bail.
Four weeks time is granted to the learned A.G.A. to file a counter affidavit.
Issue notice to the Senior Superintendent of Police, Budaun returnable on 14.06.2021.
List this application for orders on 14.06.2021 before the appropriate Bench.
Considering the submissions made by the learned counsel for the applicant, the emergent situation due to COVID-19 pandemic, the nature and gravity of the accusation, the fact that the applicant has no criminal history, the fact that the applicant has no more connection to the transaction than being an employee of the HDFC of Bank, the fact that prima facie there is no material to show that the applicant has committed any kind of criminal breach of trust that has been alleged, but without expressing any opinion on merit of the case, this Court finds it to be a fit case for interim anticipatory bail.
Meanwhile, in the event of arrest, the applicant Faizan shall be released on interim anticipatory bail in Case Crime No. 0033 of 2021 under Sections 506, 504, 406 IPC Police Station Faizganj Behta, District Budaun on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of Station House Officer of the Police Station/ Court concerned, subject to the following conditions:-
(1) The applicant will 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.
(2) The applicant will not leave India with 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.
(3) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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 applicants are directed to produce a computer generated copy of this order downloaded from the official website of Allahabad High Court, before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. The concerned authority shall also verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 13.5.2021 Deepak