Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7007 of 2021 Applicant :- Rakesh Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Siddharth Singhal Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The instant anticipatory bail application has been filed on behalf of the applicant, Rakesh Yadav, with a prayer to release him on bail in Case Crime No. 1421 of 2018, under Sections- 420, 467, 406, 120-B and 506 I.P.C., Police Station- Sector 49, Noida, District- Gautam Budh Nagar.
There is allegation in the F.I.R. that the applicant is the Director of Antriksh Developers and Promoters Pvt. Ltd. The consortium comprising of Antriksh Engineers Construction Corporation, ATS Infrastructure Limited, Vyom Infrastructure & Projects Private Limited, Ocean Realcon Private Limited, Sunshine Infratech Private Limited and M/s Param Dairy Ltd., was allotted land by Noida Authority for the purpose of making flats. The informant alleges that he also invested in the aforesaid projects but no flat was given to him.
Learned counsel for the applicant has submitted that in such an eventuality, the informant had remedy under Real Estate (Regulation & Development) Act. Instead of availing the aforesaid remedy, F.I.R. has been lodged. Even in the F.I.R., allegation has directly been made against Mr. Rakesh Singh and Mr. Prithvi Raj Kasna, who are the co-accused. The company has not been implicated as an accused in this case. The applicant as a Director is vicariously liable for the offence committed by the company. The money has been deposited in the account of the company, not in the personal account of the applicant. The applicant has no criminal history to his credit. The applicant has definite apprehension that he may be arrested by the police any time.
Learned A.G.A. 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, 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 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 the 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 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.
Order Date :- 13.5.2021/Vikram