Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38122 of 2019 Applicant :- Vivek Asthana Opposite Party :- State Of U.P.
Counsel for Applicant :- Maneesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, over this Bail Application, filed under Section 438 of Cr.P.C., by the applicant, Vivek Asthana, with a prayer for grant of anticipatory bail, in Case Crime No.389 of 2019, under Sections 419, 420, 467, 468, 471 and 120-B of Indian Penal Code, Police Station- Line Bazar, District Jaunpur, as well as learned AGA, representing State and perused the record.
Learned counsel for the applicant argued that the applicant is an Advocate, having no concern with alleged sale transaction, entered into between the parties, except writing a deed, on the basis of the statement by both sides. He is neither beneficiary nor having committed any fraud. In the information, received, under Right to Information Act, it was specifically said by the Registrar's office that at the time of registration of the deed, both sides were present and their statement was recorded. This deed was voluntarily executed before the Registrar. This false case has been registered in which there is an apprehension of arrest of the applicant, hence this Anticipatory Bail Application, for grant of anticipatory bail.
Learned AGA, representing State of U.P., has vehemently opposed this Anticipatory Bail Application.
First Information report reveals that a deed of sale for land got executed in which agreed area to be transferred was one biswa, whereas, in the deed it was written as 144 air. This is being said to be result of fraud. applicant is neither a beneficiary nor is having any concern, except drafting of above deed, which was said to have been registered on the volition of both sides, which has been given in the information, obtained under the Right to Information Act. Applicant is an Advocate and there seems to be no likelihood of his fleeing from investigation or from eqnuiry in trial and as such, it appears to be a fit case for grant of anticipatory bail.
Accordingly, this Anticipatory Bail Application stands allowed, with a direction that if the applicant, Vivek Asthana, is being arrested, in connection with above case crime number, he shall be released on bail, on his furnishing of Personal Bond and two sureties, to the tune of Rs.25,000/-, each, to the satisfaction of the Station House Officer, concerned. This anticipatory bail, granted to the applicant, shall be operative till filing of the Police Report, under Section 173 of Cr.P.C.
Applicant shall also execute an undertaking to abide by following conditions:
(i) the applicant shall make himself available for interrogation by a police office 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 him 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 concerned and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.
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.
He is further directed to furnish an undertaking that he will not interfere with investigation and will not influence any one of the witnesses. He will not tamper with evidence and will not indulge himself in any criminal activity.
Order Date :- 26.9.2019 bgs/