Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40447 of 2019 Applicant :- Vipin @ Vipin Vig Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Prakash Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and Sri Bare Lal Bind learned A.
G. A. for the State Applicant has moved the present anticipatory bail application seeking bail in Case Crime No. 916 of 2019 u/s 354, 504, 506 IPC PS Sector 24 District Gautam 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 applicant is that the applicant has been falsely implicated in the present case; earlier a writ petition was filed in which an interim indulgence was granted to the applicant vide order dated 22.1.2019 passed by another Bench of this Court, copy of which has been annexed at page 26; subsequently the said writ petition was disposed of vide order dated 10.7.2019 keeping in view of the provisions of Section 438 CrPC and thus, the present anticipatory bail application; contention of the learned counsel for the applicant in the present anticipatory bail application is that the applicant had handed over certain cheques to the cousin brother of the informant for the purpose of securing loan/financial assistance, but as the transaction could not materialized, on 18.08.2017, the Bank was informed to stop the payment on those cheques. It has been stated that the informant, who has not disclosed any business transaction with the applicant has been set up by her cousin to arm twist the petitioner and with that objective in mind, the impugned FIR dated 09.12.2018 has been got registered against the applicant by alleging that when the cheques got dishonoured to make payment to the informant, the petitioner had called the informant and, thereafter, had taken her to a secluded place where the applicant misbehaved with her; It is stated that after lodging of the aforesaid FIR, legal notice of demand for the dishonoured cheque was served on the applicant which discloses the cheque number, the payment of which was got stopped by the applicant in the year 2017 itself, which clearly shows that the applicant has been falsely implicated; the applicant is willing to participate and cooperate with the investigation and 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 applicant, Vipin @ Vipin Vig involved in the aforesaid case, he shall be released on anticipatory bail 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 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 applicant shall make himself available for interrogation by a police officer as and when required;
iii) 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 office;
(iv) 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 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 :- 27.9.2019 SP