Single judge granted anticipatory bail to the applicant under Section 438 Cr.P.C. in a cheating case after finding grounds met as per Sushila Aggarwal, imposing standard conditions including bond and appearance for interrogation.
Anticipatory bail granted on a personal bond of Rs. 25,000 with two sureties unless relevant facts are changed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 295 of 2022
Applicant :- Suneel Soni Opposite Party :- State of U.P. Counsel for Applicant :- Salman Ahmad Counsel for Opposite Party :- G.A.,Parvat Singh
Hon'ble Sanjay Kumar Pachori,J.
Learned counsel for the applicant filed two rejoinder affidavits today are taken on record.
Heard Shri Salman Ahmad, learned counsel for the applicant, Shri Parvat Singh, learned counsel for the first informant and Shri Manoj Kumar Dwivedi, learned A.G.A. for the State and perused the material on record.
The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant, namely, Suneel Soni in Case Crime No. 423 of 2020, arising out of Case No.940 of 2021, (State Vs. Suneel Soni @ Suneel Kumar Soni), under Sections 406, 504, 506 IPC, Police Station - Kotwali Jalaun, District - Jalaun, till the conclusion of the trial, after rejecting the anticipatory bail application by Sessions Judge, Jalaun, at Orai vide order dated 29.10.2021.
Brief facts of the present case are that the first information report dated 13.09.2020 has been lodged against the applicant under sections 406, 504, 506 IPC. On 12.12.2018 first informant took advanced money of Rs. 79,000/- for 3 years. After depositing as security some ornaments of gold items bangels, necklace, rings of 51 grams and silver bichuwa of 200 grams. On 05.04.2020 father of the first informant returned his advanced money with interest Rs. 1,05,000/- to the applicant and made a signature after the payment, but the applicant has not returned the ornaments of the first informant and wants time to return for two days and he made a video clip of payment of Rs. 1,05,000/-. On 12.09.2020 finally the applicant denied to return the ornaments of the applicant.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The first information report has been lodged against the applicant on 13.09.2020. The Investigating Officer after completing the investigation, charge sheet has been submitted on 13.06.2021 and learned Magistrate had taken
cognizance on 03.09.2021.
The applicant is no more required for custodial interrogation. The applicant has no criminal history and he has not undergone any imprisonment after conviction by any court of law in relation to any cognizable offence previously. It is further contended that the applicant is ready to participate in the investigation. The applicant was granted interim anticipatory bail by this court vide order dated 21.02.2022.
Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant, however, nothing adverse has been pointed out against the applicant.
It is settled position of law that the anticipatory bail being an extraordinary privilege should be granted only in exceptional cases. Parameters for grant of anticipatory bail in a serious offence are required to be satisfied, where the Court is prima facie of the view that the applicant has falsely roped in the crime and would not misuse his liberty.
Considering the facts and circumstances of the case and the law laid down by the Hon'ble Apex Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98, ground for grant of anticipatory bail is made out.
In case of arrest, the applicant, Suneel Soni is directed to be enlarged on anticipatory bail in above case crime number till the conclusion of the trial, on his furnishing personal bond of Rs. 25,000/- and two sureties each of like amount before the Station House Officer of Police Station/Court concerned with the following conditions:-
(i) The applicant shall make himself available for interrogation by the police officer as and when required, if investigation is in progress;
(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 such person from disclosing such facts to the Court or to any police officer;
(iii) The applicant shall not leave the country 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/Court concerned;
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad,
self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked ;
(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.
The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order.
A copy of this order shall also be produced before the S.P/S.S.P concerned by the applicants, within a week, if the investigation is still in progress, who shall ensure compliance of this order.
With the aforesaid directions, the present Anticipatory Bail Application is allowed .
Order Date :- 16.5.2022 Vikram
Digitally signed by VIKRAM SINGH Date: 2022.05.18 15:08:50 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether anticipatory bail should be granted to the applicant under Section 438 Cr.P.C. in the present case.
Whether the conditions imposed for granting anticipatory bail are justified and sufficient.
Whether the applicant has faith to participate in investigation while on bail.
Colour shows how this judgement treated each authority
Sushila Aggarwal Vs. State (NCT of Delhi)Applied¶14
2020 SCC Online SC 98 · Who else cites this
1 provisions across 1 enactments
Suneel Soni
State of U.P.
Sanjay Kumar Pachori
Vikram Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
