An anticipatory bail application under Section 438 Cr.P.C. was filed in a case alleging cheque dishonesty. The court granted bail subject to conditions.
Anticipatory bail granted till submission of charge sheet on furnishing personal bond and sureties with conditions to appear, not tamper, and not leave India.
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Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 15006 of 2021 Applicant :- Subodh Kumar@ Sonu Opposite Party :- State of U.P. and Another Counsel for Applicant :- S.S. Rajput Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This is an application of the anticipatory bail given by the applicant Subodh Kumar @ Sonu , in Case Crime No. 191 of 2021, under Section 420 I.P.C., P.S.- Pali Mukeempur, District - Aligarh.
The submission of the learned counsel for the appellant is that the first information report has been lodged by the informant in respect of the incident dated 13.10.2020 and the first information report has been lodged on 01.06.2021 in which the applicant has been named and the allegation is that on 08.10.2020, the informant went with the co-accused who happens to be the son of her uncle for withdrawing Rs. 20,000/from A.T.M. The allegation is that the co-accused Komal has changed the A.T.M. card which the informant could not realize and thereafter during the period of 13.10.2020 to 16.10.2020 Rs, 1,10,000/-were withdrawn by different transactions. Allegation is that the accused-applicant is guard who was posted at the A.T.M. and he was also in collusion with the coaccused Komal. Submission is that the first information report has been lodged after a delay of 8 months and 17 days and nothing has been alleged in the first information report against the applicant except that he was posted as guard at that A.T.M. It is further submitted that applicant has no criminal history and applicant is prepared to furnish surety and bond, there is no possibility of his either fleeing away from the judicial process or tampering with the evidence, therefore, applicant is entitled for grant of anticipatory bail.
Learned A.G.A. has vehemently opposed the prayer.
In view of the allegations made and the threat perception which is apparent in the F.I.R. as alleged in the bail application and the fact that no role has been assigned to the applicant and the involvement of the son of the uncle of the informant who happens to be the main accused, I find it to be a fit case in
which anticipatory bail may be granted to the applicants. Hence the anticipatory bail application is allowed till submission of charge sheet only.
In the event of arrest, the applicant namely Subodh Kumar @ Sonu be released on anticipatory bail in Case Crime No. 191 of 2021, under Section 420 I.P.C., P.S.- Pali Mukeempur, District - Aligarh, 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 /C.J.M./ Court of the police station concerned with the following conditions:-
1)The applicant shall make himself available for interrogation by a police officer as and when required;
2)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 or tamper with the evidence;
3)The applicant shall not leave India without the previous permission of the court;
4)In default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad and 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.
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.
With the aforesaid observations, the anticipatory bail application is finally disposed of .
Order Date :- 21.9.2021/sailesh
1 issue framed by the court
Whether anticipatory bail is appropriate under the circumstances of the alleged offence under Section 420 IPC.
1 provisions across 1 enactments
Subodh Kumar @ Sonu
State of U.P.
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
