Allowed

Pawan Agrawal v. State of U.P.

Allahabad HC4 May 2022BAIL/4945/2022

Case brief

AI extract

What is this about?

This court granted bail to Pawan Agrawal in a cheating and attempting to outrage modesty case. The court found it a fit case for bail considering the possibility of false implication, the bleak prospect of trial conclusion, and the applicant's history of RTI grievances against the police.

What did the court decide?

Released on bail by furnishing a personal bond and two reliable sureties subject to specified conditions.

Pawan Agrawal Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4945 of 2022

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Applicant :- Pawan Agrawal Opposite Party :- State of U.P. Counsel for Applicant :- Prateek Tyagi,Vikas Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard Sri Aminesh Tiwari, learned Senior Advocate assisted by Sri Vikas Sharma, learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.

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The present bail application has been filed by the applicant seeking bail in Case Crime No.0506 of 2021, under Sections420 & 386 I.P.C., Police Station-Civil Lines, District Moradabad.

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Learned counsel for the applicant submitted that accusedapplicant is innocent and has been falsely implicated in the instant case. The applicant is in jail since 06.12.2021 and the possibility of conclusion of trial in near future is extremely bleak.

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In relation to the FIR it is stated that in the FIR the informant has alleged that the the applicant demanded Rs. 50,000/- for sending jail to those persons who tried to outrage the modesty of his wife and as per allegations made in the FIR the said amount was provided to the applicant by the informant. In this way, if story of the prosecution is taken on its face value, the offence under Section 386 IPC is not made out against the applicant. In the FIR there is no allegation on the basis of which Section 386 IPC can be attracted.

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It is further submitted that in relation to the allegations made in the FIR which are to the effect that for the same purpose the applicant also demanded Rs. 5,00,000/- but the same was not given to the applicant. In this way also no offence as indicated in the FIR is made out against the applicant.

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In relation to the criminal history of the applicant, it is stated that the same has been explained in para 24 of the affidavit as

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also in para 10 of the rejoinder affidavit, which has not been disputed by the learned AGA., Sri Indrajeet Shukla.

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It is further stated that present FIR has been lodged by the informant at the behest of the local police because the applicant being editor of daily news paper namely "Pariwartan Daur" published from Moradabad is a whistle blower. In continuation, Sri Tiwari has drawn attention of this Court to para 23 of the affidavit filed in support of bail application wherein some incidents have been indicated which are as under:-

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(i) On 22.04.2008, the information regarding how many Police Stations and Chaukies are in District Moradabad and on which land they are situated. On that application some wrong information was given to the applicant which were apparently wrong and notices have been issued by the Information Commissioner to the Senior Superintendent of Police, Mordabad.

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(ii) On 10.06.2018, the information regarding missing children of the District Mordabad and the list of cases who are related to kidnapping, murder and rape who are committed against the women. In this application, the applicant seeks the information that how many cases are registered related to these offences and how many these cases solved by the Police of District Moradabad. On that application again wrong information was given to the applicant and in this matter Public Relation Officer of DGP was summoned by the Information Commissioner.

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(iii) On 05.06.2009, the information regarding Challans which was done by the police during checking and regarding the seized vehicles. To this application no information was given to the applicant and police started harassing to the applicant, then applicant filed a complaint bearing Complaint Case No. 6928/04 of 2009 against the police personnel before the Court of CJM, Moradabad, in which, neither the Police personnel were summoned nor the the application was dismissed. On the application dated 05.06.2009 again Public Information Officer, DGP, UP was summoned by the State Information Commissioner vide order dated 09.10.2019.

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(iv) On 17.03.2010, the information regarding Income Tax Return of DGI, Moradabad and CO, Kotwali, Mordabad, again

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no information was given to the applicant and again Public Information Officer, DGP, Lucknow was summoned by the State Information Commissioner.

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(v) On 19.03.2010, the information regarding criminal cases on the police personnel of the District Moradabad, again no information on his application was given to the applicant and again Public Information Officer, DGP, Lucknow was summoned by the State Information Commissioner.

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(vi) On 08.05.2019, the information regarding progress report of the investigation of Case Crime No.131-C of 2015, under Section 7/13 of Prevention of Corruption Act and Sections 342, 504, 506 IPC, in which one accused Sudhir Tomar is a police person.

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It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may otherwise misuse the liberty of bail. In these circumstances of the case, the applicant is entitled to be enlarged on bail.

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Learned A.G.A., on the basis of instructions, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant.

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Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and keeping in mind period of incarceration and the possibility of conclusion of trial in near future and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

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Let applicant- Pawan Agrawal be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.

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(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.

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(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.

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

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(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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(6) 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.

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Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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Taking note of aforesaid it is appropriate to observe that the Trial Court shall make all endeavour to conclude the proceedings, in accordance with law, expeditiously as early as possible.

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Order Date :- 4.5.2022 Vinay/-

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Digitally signed by VINAY KUMAR Date: 2022.05.05 15:46:37 IST Reason: Location: High Court of Judicature at Allahabad

Pawan Agrawal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pawan Agrawal v. State of U.P.

Case brief

What is this about?

What did the court decide?

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