HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 31381 of 2019
Applicant :- Neboo Lal
Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Kumar Dubey
Counsel for Opposite Party :- G.A.
Hon’ble Rajul Bhargava,J.
Heard Sri Vijay Kumar Dubey, learned counsel for the applicant as well as learned A.G.A. appearing for the State and perused the averments made in the first information report and rejection order.
Submission of the learned counsel for the applicant is that, prima facie, no offence under Section 406 I.P.C is made out against the applicant. Essentially, it appears to be a case of breach of contract between the applicant and opposite party no.2 in which applicant bought a tractor of Rs.7,23,000/- out of which part payment is made and the balance amount has not been paid by him. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant- Neboo Lal involved in Case Crime No. 290 of 2019 under Sectionsection 406 I.P.C., Police Station- Dhanghata, District- Sant Kabir Nagar, he shall be released on anticipatory bail till the submission of police report, if any, under Sectionsection 173 (2) SectionCr.P.C. before the competent Court 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 shall make himself available for interrogation by a 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 him from disclosing such facts to the Court or to any police officer;
(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.
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 preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
Order Date :- 5.8.2019