HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 48983 of 2019
Applicant :- Pawan Kumar Gupta
Opposite Party :- State of U.P.
Counsel for Applicant :- Shiva Priya Prasad
Counsel for Opposite Party :- G.A.
Hon’ble B. Amit Sthalekar,J.
Heard learned counsel for the applicant and the learned A. G. A. for the State.
This anticipatory bail application has been moved by the applicant seeking anticipatory bail in Case Crime No. 707 of 2019 under Sectionsection 406 I.P.C. police station Sikandrabad District Bulandshahr.
I have perused the prosecution story as set up in the F.I.R. and also the anticipatory bail rejection order.
The allegation in the F.I.R. is that the informant has invested some money in the Kameti run by the applicant and from time to time he has taken back his money but now the applicant is not returning the money invested by the informant.
The submission of the learned counsel for the applicant is that the applicant is not running any Kameti but he is a business man and there is no documentary evidence to prove the allegations. It is further submitted that the applicant has been falsely implicated in the present case.
Learned AGA has opposed the prayer for anticipatory bail of the applicant.
Considering the rival submissions of the learned counsel for the parties, the facts and circumstances of the case and 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, Pawan Kumar Gupta 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 officer;
(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 :- 13.11.2019