Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14018 of 2021
Applicant :- Gyanesh Pathak
Opposite Party :- State of U.P.
Counsel for Applicant :- Gaurav Tripathi,Syed Imran Ibrahim
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 record.
The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant in Case Crime No. 625 of 2018, under Sections - 420, 467, 468, 471, 406, 120-B I.P.C., Police Station - Sadar Bazar, District - Saharanpur.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A. as per Section 438 (3) Cr.P.C. (U. P. Amendment) is not required.
There are general allegations made in the first information report lodged by the informant that the accused persons are members and office bearers of a society, which has collected money from number of persons and when the investers/customers went to withdraw the same they have refused to give their money.
Urge has been made on behalf of the applicant that the applicant has no concern with the offence alleged against him. No offence has been committed by the applicant. The applicant was only chairman of the society from the period 2012 to 2017 and the responsibility to pay the money lies upon another co-accused Manish Kaushal, the maturity head, who has already been granted anticipatory bail by coordinate Bench of this Court, vide order dated 17.12.2020 in criminal misc. anticipatory bail no. 9457 of 2020. In case, the applicant is granted anticipatory bail, there is no possibility of his absconding or misusing the liberty of anticipatory bail.
Learned AGA has opposed the prayer for anticipatory bail of the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicant is entitled to be released on anticipatory bail for limited period in this case considering the exceptions considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and order dated 22.05.2020 passed by this Court in Criminal Misc. Anticipatory Bail Application No.2609 of 2020.
In the event of arrest of the applicant 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 a personal bond of Rs.50,000/- 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 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.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) The concerned Court/Authority/Official shall 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.
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, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
Digitally signed by Justice Arvind Kumar Mishra Date: 2021.08.02 16:21:33 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
Order Date :- 30.7.2021 S Rawat