Ajay Vs State of U.P.

Neutral Citation No. - 2023:AHC:158379

Court No. - 73

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12185 of 2021

Applicant :- Ajay Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Rana Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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This application has been moved on behalf of the applicant Ajay seeking anticipatory bail in Case Crime No. 176 of 2021, under Sections 406, 323, 504, 506 IPC, Police Station Hapur City, District Hapur.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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It is submitted by the learned counsel for the applicant that applicant is innocent and he has apprehension of arrest in the above-mentioned case, whereas there is no credible evidence against him. Allegations levelled against the applicant are false. It is further submitted that as a matter of fact earlier an application under Section 156(3) CrPC was moved by the present applicant against the informant and the alleged witness of the money transaction - Devi regarding the fraud committed by them with the present applicant and when that application was treated as complaint case on 29.1.2021, an F.I.R. as counter blast on fabricated facts has been lodged against the applicant. It is also submitted that there is no written instrument between the parties regarding the sale of the property in respect of the money transaction. It is further submitted that the alleged witnesses of money transaction are inimical to the applicant and one of them Devi has been made co-accused in the complaint case earlier filed by the applicant. Applicant has no criminal history. After completion of investigation, charge sheet has been submitted in the matter. Applicant was cooperative during course of investigation. No process under Sections 82 and 83 CrPC has been issued against the applicant and the applicant has not been declared absconder. It is also submitted that as a matter of fact the cognizance on this case has been taken not on the date of filing of the charge sheet but much after that on 6.2.2023. In case applicant is granted

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anticipatory bail, he will not misuse the liberty of bail and would obey all conditions of bail.

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Learned A.G.A. opposed the prayer for anticipatory bail and referring to the statements of the informant and the eye witness submitted that a huge amount of Rupees Thirty Two Lakhs have been paid to the present applicant. Sufficient evidence has been collected against the applicant during course of investigation.

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I have considered the rival submissions made by the learned counsel for the parties.

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The prosecution story, in nutshell, is that on persuasion of the present applicant and the co-accused Sanjay, the brother-in-law of the present applicant, the informant paid Rupees Thirty Two Lakhs in parts, for sale of some property, which belonged to the mother of the applicant, to the named accused persons on different dates but subsequently the execution of the sale deed was denied and the money of the informant was also not repaid by them. After investigation, charge sheet has been submitted in the matter. It also reveals from the perusal of the record that applicant has no criminal history to his credit. No custodial interrogation is required in the matter.

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In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1 , the Hon'ble Apex Court has settled the controversy finally by holding the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial.

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It has been further held therein that anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till end of trial.

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It has been further held by the Hon'ble Apex Court that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, likelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion.

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Considering the settled principles of law regarding anticipatory bail, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till the end of trial.

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The application is allowed accordingly.

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In the event of arrest of the applicant, he shall be released on anticipatory bail on his furnishing a personal bond of Rs.50,000/with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:-

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(i) The applicant shall make himself available before the Court concerned on the date fixed in the matter and will cooperate in the trial.

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(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 him/her from disclosing such facts to the Court or to any police office.

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(iii) The applicant shall not leave India 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.

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In case of default of any of the conditions, the same may be a ground for cancellation of protection granted to the applicant.

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Order Date :- 7.8.2023

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safi

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Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad

Ajay v. State of U.P.

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Ajay v. State of U.P.

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