Court No. - 51
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 17763 of 2021 Applicant :- Nitin Opposite Party :- State of U.P.
Counsel for Applicant :- Abhishe Pandey,Praveen Singh Counsel for Opposite Party :- G.A.,Sushil Dubey
Hon'ble Om Prakash-VII,J.
Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Nitin in Case Crime No. 495 of 2021, under Sections 420, 467, 468, 471, 406, 504, 506 I.P.C., Police Station - Gulavathi, District - Bulandshahr.
Heard Shri Praveen Singh, learned counsel for the applicant, Shri Sushil Dubey, learned counsel for informant as well as the learned AGA and perused the material available on record.
It is submitted by the learned counsel for the applicant that the applicant is innocent and has no concern with the present matter. Allegations levelled against the applicant are false. No active role has been assigned against the applicant in the F.I.R.. Nothing is on record to show that payment said to have been made in the matter was made in the account of the applicant. It appears improbable and unbelievable that Rupees Seventy Lakhs were paid to the applicant and his sister in cash. Thus, referring to contents of F.I.R. it is further submitted that no prima facie case is made out against the applicant. At no pint of time applicant received the alleged amount. The applicant has no criminal antecedents. It is further argued that till date no charge- sheet has been submitted. Applicant's case is squarely covered under Section 438 Cr.P.C. If the applicant is enlarged on bail, he will not misuse the liberty and will cooperate with the investigation. No coercive process has been issued against the applicant. The applicant has apprehension of his arrest by the police any time.
Learned counsel for informant as well as the learned AGA opposed the prayer and submitted that huge amount was paid through RTGS and other bank transaction mode in the account of applicant. It is a case of payment of Rupees Seventy Lakhs, which was grabbed by the applicant and his sister cheating the informant. It also submitted that a prima facie case is made out. If applicant is allowed on anticipatory bail he will not cooperate with the investigating agency and there is also chance that evidence will be destroyed.
Having regard to the entire facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties and keeping in view the nature of allegations made in the F.I.R., in the opinion of the Court, it is not a fit case for granting anticipatory bail to the applicant. The application is liable to be rejected and the same is accordingly rejected.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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.
Order Date :- 22.10.2021 safi