Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39391 of 2019 Applicant :- Manish Kumar And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Adarsh Bhushan Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicants and learned A. G. A. for the State Applicants have moved the present anticipatory bail application seeking bail in Case Crime No. 1035 of 2019, u/s 420, 406, 506 IPC, P.S. Sector 20 NOIDA, District Gautm Budh Nagar.
I have perused the prosecution story as set up in the F.I.R. and also the anticipatory bail rejection order.
Contention as raised at the Bar by learned counsel for the applicants is that the applicants have been falsely implicated in the present case; applicants are the respectful persons of the society; the first informant had invested some money in the company with the expectation of some money return by way of investment; it has not been disputed that for some period the money was returned in lieu of his investment, however subsequently no return were being made; the first has a remedy under the provision of companies act; the matter needs deeper and fairer investigation before any arrest should be given effect to.
Learned AGA has opposed the prayer for anticipatory bail of the applicant.
Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, without expressing any opinion on the merits of the case, considering the nature of accusation, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants Manish Kumar and Manvindra Singh involved in the aforesaid case, they shall be released on anticipatory bail on their 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 applicants will join and participate in each and every aspect of "Investigation" and will lend full assistance to the Investigating Agency even with regard to "discovery of fact" if and when required so by the Investigating Agency or the concerned court;
(ii) the applicants shall make himself available for interrogation by a police officer as and when required;
iii) the applicants 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 office;
(iv) the applicants 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 or misuse of any of the conditions, the Public Prosecutor/Investigating Officer/first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 26.9.2019 Kuldeep