Nishchal Rathor Vs State of U.P. — Anticipatory Bail | Allahabad HC (2020)

Nishchal Rathor Vs State of U.P. — Anticipatory Bail | Allahabad HC (2020)

What the court decided

AI extract

Outcome

Anticipatory bail in the event of arrest till submission of the police report under section 173(2) Cr.P.C., on a personal bond of Rs. 25,000/- with two sureties each in the like amount, subject to the conditions in paras 11-15; liberty to the Investigating Officer to seek cancellation on default of any condition.

Issue for consideration

Whether the applicant, Nishchal Rathor, stated to be a Field Officer of the Bank and named in Case Crime No.- 367 of 2020 under Sections- 409, 419, 420, 467, 468 and 471 IPC, Police Station Bairia, District Ballia, is entitled to anticipatory bail under Section 438 Cr.P.C.

Court's answer

Without expressing any opinion on the merits of the case, and considering the nature of accusation and the applicant's antecedents, the applicant is entitled to be released on anticipatory bail for a limited period, considering the exceptions considered by the Hon'ble Supreme Court in Sushila Aggarwal vs. State (NCT of Delhi), 2020 SCC Online SC 98, and the order dated 22.05.2020 passed by this Court in Criminal Misc. Anticipatory Bail Application No. 2609 of 2020.

Ratio / Principle

In the event of arrest, the applicant shall be released on anticipatory bail till the submission of the police report, if any, under section 173(2) Cr.P.C., on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer concerned, subject to the enumerated conditions (availability for interrogation; no inducement, threat or promise; no leaving India without previous permission and deposit of passport with the S.S.P./S.P.; production and verification of a computer-generated copy of the order).

Key takeaways

The Investigating Officer is directed to conclude the investigation of the present case in accordance with law, expeditiously and independently, without being prejudiced by any observations made by this Court while deciding the anticipatory bail application; in default of any of the bail conditions, the Investigating Officer is at liberty to file an appropriate application for cancellation of the anticipatory bail.obiter¶17

Detailed headnote1 paragraphs

High Court Allahabad (Siddharth, J.) allowed an anticipatory bail application under Section 438 Cr.P.C. filed by Nishchal Rathor, stated to be a Field Officer of the Bank, arraigned in Case Crime No.- 367 of 2020 under Sections- 409, 419, 420, 467, 468 and 471 IPC, Police Station Bairia, District Ballia, concerning an allegation of sanction of fraudulent loans; the co-accused named is Prashant Kumar, Bank Manager. Without expressing any opinion on the merits, and considering the nature of accusation and the applicant's antecedents, the Court held the applicant entitled to anticipatory bail for a limited period, drawing on the exceptions considered by the Hon'ble Supreme Court in Sushila Aggarwal vs. State (NCT of Delhi), 2020 SCC Online SC 98, and on an order dated 22.05.2020 of the same Court in Criminal Misc. Anticipatory Bail Application No. 2609 of 2020. In the event of arrest, the applicant is to be released till submission of the police report under section 173(2) Cr.P.C. on a personal bond of Rs. 25,000/- with two sureties each in the like amount, subject to conditions: availability for interrogation; no inducement, threat or promise; no leaving India without previous permission and deposit of passport with the S.S.P./S.P.; and production and verification of a computer-generated copy of the order. Default of any condition permits the Investigating Officer to seek cancellation. The Investigating Officer was directed to conclude the investigation expeditiously and independently, uninfluenced by the Court's observations.

Court No. - 70

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7788 of 2020

Applicant :- Nishchal Rathor Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Singh,Raj Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Siddharth,J.

Heard learned counsel for the applicant and learned AGA for the State.

The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant, namely, Nishchal Rathor , in Case Crime No.- 367 of 2020, under Sections- 409, 419, 420, 467, 468 and 471 IPC, Police Station- Bairia, District- Ballia.

There is allegation of sanction of fraudulent loans in favour of number of persons in the FIR. The applicant is stated to be Field Officer of the Bank. He has submitted that co-accused, Prashant Kumar, Bank Manager committed the alleged offence. He has no role in the incident. He has been falsely implicated in this case. The applicant has definite apprehension that he may be arrested by the police any time.

Learned AGA has opposed the prayer for anticipatory bail of the applicant.

Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicant is entitled to be released on anticipatory bail for limited period in this case considering the exceptions considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and order dated 22.05.2020 passed by this Court in Criminal Misc. Anticipatory Bail Application No. 2609 of 2020.

In the event of arrest of the applicant 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 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 the 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 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.

(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicant.

The applicant is directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

Order Date :- 26.11.2020 Rohit