1. Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. through video conferencing in view of COVID-19 pandemic.
2. The present anticipatory bail application has been filed on behalf of the applicant seeking anticipatory bail in pursuance to the First Information Report registered as Case Crime No. 0313 of 2020, under Sections 420, 409, 406 I.P.C., Police Station - Vibhuti Khand, District - Lucknow.
3. Submission of learned counsel for the applicant is that he has approached this Court directly with regard to the present matter as the applicant is the resident of District Kanpur Nagar and as such he resides beyond the jurisdiction of the Court of Sessions Lucknow and therefore has approached this Court directly for protection of his life and property. With regard to the merits of the case, it has been submitted by learned counsel for the applicant that as per allegations made in the first information report the complainant deposited an amount of Rs.15,25,000/- in the account of a company namely Hello Ride Ltd. at the insistence of the applicant. In the entire first information report it has come that it is only at the insistence of the applicant that the said amount of money was deposited with the said company. The company has promised refund of the said amount at regular intervals, but after giving only one cheque, no refund of money, as promised by the company has been made and the entire amount deposited/invested by the complainant has been misappropriated. It is further stated in the FIR that the forgery has been committed by the company as well as the applicant. Learned counsel for the applicant has vehemently submitted that the applicant himself has deposited money in the company and for which purpose he has also filed a complaint.
4. Learned A.G.A. has, opposed the application by submitting that there is enough narration in the FIR to show that applicant is in hand in gloves with the private company in committing forgery with the complainant.
5. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties it is clear from the first information report and the documents appended with the application that the amount has been systematically defrauded by luring huge amount of money deposited by the people in the company at the behest of applicant, subsequently the amount so deposited was never refunded and therefore, the present FIR has come to be filed. The only ground raised by counsel for the applicant is that the applicant himself has deposited money in the company, but it does not make any difference whether the applicant has deposited money with the company or not, the FIR has been lodged for initiating proceedings against the applicant who has actively connived in inducing the complainant to deposit money with the said company. I do not find it to be a fit case for granting anticipatory bail.
6. The application is accordingly rejected.
7. The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by him alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
8. The concerned Court/Authority/Official shall verify the authenticity of the 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 :- 5.5.2021 A. Verma (Alok Mathur, J.)