The court granted anticipatory bail to the applicant in a police report stage FIR alleging cheque forgery under Sections 467-471 IPC. The applicant was directed to produce a certified copy of the order and appear for interrogation.
Anticipatory bail granted till submission of police report; personal bond of Rs. 5,00,000/- with two sureties.
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Court No. - 2
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 684 of 2020
Applicant :- Rakesh Kumar Agrawal Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Balkrishna Kanhere Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. appearing for the State and perused the record.
As per prosecution version, F.I.R. was lodged by Manish Tyagi, Director of Olan Active Pharmaceutical Ingredients India Pvt. Ltd., (Company) alleging that the cheques submitted by the applicant, proprietor of M/S D.K. Cement Traders with ICICI Branch, is forged and manufactured cheques; original cheques are in possession of the Company.
It is urged by learned counsel for the applicant that complainant along with one Vijay Kumar and Fhaheem Khan met the applicant for construction work and handed over two cheques as advance money; notarized agreement was also executed; it is further urged that the cheques was never deposited by the applicant in the bank; there is no deposit slip. Further, it is submitted that the cheques alleged to have been deposited by the applicant was returned by the Bank Manager of I.C.I.C.I. bank to the Company, which is not the practice in banking transaction. In this backdrop, it is urged that the informant and Bank Manager have played fraud upon the applicant.
Learned A.G.A., on instructions, submits that the cheques are not available with the Bank; the factum that the informant and other persons met the applicant and entered into an agreement for constructions work is not denied.
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- Rakesh Kumar Agrawal , involved in Case Crime No. 855 of 2019, under Sections 420, 463, 464, 467, 468, 471, 472, 473, 120B IPC, Police Station Sadar Bazar, District Agra, 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 his furnishing a personal bond of Rs. 5,00,000/- 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 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 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 :- 22.1.2020 Mukesh Kr.
2 issues framed by the court
Whether the applicant is entitled to anticipatory bail in a cheque forgery case.
Whether the accused has any criminal antecedents.
8 provisions across 2 enactments
Rakesh Kumar Agrawal
State of U.P.
Suneet Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
