Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32739 of 2019 Applicant :- Manish Jain Opposite Party :- State Of U.P.
Counsel for Applicant :- Sudeep Harkauli Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Sri Hemant Kumar, Advocate has filed vakalatnama on behalf of opposite party no.2, which is taken on record.
Heard Sri Sudeep Harkauli, learned counsel for the applicant, Sri Hemant Kumar, learned counsel for opposite party no.2 as well as learned A.G.A. appearing for the State and perused the averments made in the first information report and rejection order.
Submission of the learned counsel for the applicant is that the applicant is the Director of a company incorporated under the Companies Act namely M/s Modinagar Paper Mills Ltd. The said company has business dealings with the firm of first informant and several transactions of huge turn over have taken place between them and the dispute is in respect of part payment of the goods supplied by the first informant's firm to the applicant's company. It is argued that proceedings in respect of certain cheques under Section 138 of N.I. act are also pending between the parties. Essentially, the dispute between the party is of accountancy and civil in nature. He further submits that he has been informed that the parties have settled their differences and on the basis of which bail application of the Director of company namely Anubhav Gupta has been allowed by this Court today in Criminal Misc. Bail Application No.31162 of 2019. Therefore, the applicant may be allowed anticipatory bail.
Learned A.G.A. as well as learned counsel for opposite party no.2 opposed the prayer for bail but could not dispute the fact the parties have settled their disputes and entered into compromise and co-accused Anubhav Gupta who is also the Director of the company has been granted bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant- Manish Jain involved in Case Crime No. 252 of 2019, under Sections 406, 419, 420, 504, 506, 409, 467, 468, 471 I.P.C., Police Station- Mughalsarai, District- Chandauli, he 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 his furnishing a personal bond 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 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 officer;
(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.
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.
The applicant is directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
It is further provided that in the event the police report under Section 173(2) Cr.P.C. is submitted to court and the applicant applies for regular bail he shall be permitted to file a fresh personal bond of Rs.50,000/- with two sureties each in the like amount till the disposal of his bail application by the court concerned.
The present Criminal Misc. Anticipatory Bail Application is, accordingly, allowed.
Order Date :- 21.8.2019 Vikas