Allowed

Rakesh Gupta and 3 Others v. State of U.P. and Another

Allahabad HC11 Oct 2022ABAIL/7803/2022

Case brief

AI extract

What is this about?

The court granted anticipatory bail to the applicants in a case involving forged documents and cheating. The court held the matter to be of a civil nature, noting the applicants were bank employees with no criminal history and were cooperating with the investigation.

What did the court decide?

Anticipatory bail granted on a personal bond of Rs. 50,000 with two sureties, subject to conditions of cooperation and not leaving India without permission.

Rakesh Gupta and 3 Others Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2022)

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Court No. - 78

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7803 of 2022

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Applicant :- Rakesh Gupta And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devansh Rathore Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard Sri Navin Sinha, learned Senior Counsel assisted by Sri Devansh Rathore, learned counsel for the applicants and Sri Vibhav Anand Singh, learned Additional Government Advocate for the State and perused the records.

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The applicants are seeking anticipatory bail in connection with Case Crime No. 0562 of 2018, under Sections 420, 406, 467, 468, 471, 34 IPC, Police Station - Sadar Bazar, District - Meerut.

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As per prosecution story, the applicants are said to have colluded with the borrowers in preparing forged documents of the guarantor (first informant herein).

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Learned Senior Counsel for the applicants has argued at length that the matter is of civil nature. The applicants are bank employees and they have nothing to do with the said offence. The allegations levelled are civil in nature as the matter was initiated at D.R.T. on 5.11.2015 and the FIR has been lodged belatedly in the year 2018 i.e. 3 years after the initiation of the proceedings under the D.R.T. It is further stated that applicants are co-operating in the investigation and are ready to cooperate in future also. There is no likelihood of the applicants repeating the said offence, if any. There is no previous criminal history and, therefore, they are entitled for protection from this Court.

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Learned Additional Government Advocate has opposed the prayer for anticipatory bail but has not disputed the fact that applicants have no criminal history.

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Considering the overall facts and circumstances of the case, this Court is of the opinion that the applicants Rakesh Gupta, Madan Mohan Agarwal, Vinod Sharma and P.D. Bhatt, deserve to be granted anticipatory bail in connection with the aforesaid case.

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Accordingly, the anticipatory bail application is disposed of

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with following directions:-

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(A) In the event of arrest of the applicants involved in aforesaid case 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 their furnishing a personal bond of Rs.50,000/- with two sureties each of the like amount to the satisfaction of the Station House Officer of the police station concerned;

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(B) The applicants shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation;

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(C) The applicants 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 them from disclosing such facts to the Court or to any police officer; and

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(D) The applicants shall not leave India without the previous permission of the Court.

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In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.

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Order Date :- 11.10.2022 Shalini

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Digitally signed by SHALINI JAISWAL Date: 2022.10.12 11:56:43 IST Reason: Location: High Court of Judicature at Allahabad

Rakesh Gupta and 3 Others v. State of U.P. and Another

Case brief

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Rakesh Gupta and 3 Others v. State of U.P. and Another

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