The Single Judge allowed the anticipatory bail application filed under Section 438 Cr.P.C., confirming the interim order dated 01.02.2021 and extending bail till the taking of cognizance on the police report.
Anticipatory bail continued on the same terms and conditions as the interim order dated 01.02.2021 until cognizance is taken on the police report.
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Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1036 of 2021
Applicant :- Pawan Kumar Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Wahid Jamal,Pushpendra Singh Counsel for Opposite Party :- G.A.,Shishir Kumar Tiwari
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Sri Shishir Kumar Tiwari, learned counsel for the informant and learned A.G.A. for the State.
The instant anticipatory bail application has been filed with a prayer to grant an anticipatory bail to the applicant , Pawan Kumar Gupta, in Case Crime No. 1500 of 2020, under Sections- 420, 467, 406, 504, 506 I.P.C., Police StationKotwali Nagar, District- Bulandshahr.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required.
There is allegation in the F.I.R that the six cheques issued by the applicant in favour of the informant were dishonoured. Thereafter, F.I.R was lodged. Learned counsel for the applicant has submitted that the cheque book was lost and report in this regard was lodged by the applicant. The applicant has already been enlarged on interim anticipatory bail by this Court by order dated 20.01.2021. The applicant has been falsely implicated in this case. He has no criminal history to his credit. He has definite apprehension that he may be arrested by the police any time.
Learned counsel for the informant and learned A.G.A. have opposed the prayer for anticipatory bail of the applicant. They have submitted that in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail. The apprehension of the applicant is not founded on any material on record. Only on the basis of
imaginary fear, anticipatory bail cannot be granted.
The applicant has already been enlarged on interim anticipatory bail by order dated 20.01.2021.
The order is confirmed.
Applicant will remain on anticipatory bail till cognizance is taken by the court on the police report u/s 173 (2) Cr.P.C. on same terms and conditions as mentioned in the order dated 20.01.2021.
The anticipatory bail application is allowed to the aforementioned extent.
Order Date :- 15.3.2021 KS
1 issue framed by the court
Whether anticipatory bail should be granted to the applicant in a cheque dishonour case.
Pawan Kumar Gupta
State of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
