Allowed

Naresh Pal v. State of U.P. and Another

Allahabad HC25 Jul 2023ABAIL/8249/2023

Case brief

AI extract

What is this about?

The Allahabad High Court granted anticipatory bail to the applicant in a cheating case involving Sections 420, 406, and 120-B IPC. The court allowed bail till the end of the trial based on the applicant's conduct, lack of criminal antecedents, and an admitted compromise between parties, subject to personal bond and surety conditions.

What did the court decide?

Anticipatory bail granted till the end of trial on furnishing a personal bond of Rs. 50,000 with two sureties.

Naresh Pal Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:150045

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8249 of 2023

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Applicant :- Naresh Pal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Mani Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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Vakalatnama as well as short counter affidavit filed by Sri Abhitab Kumar Tiwari, advocate on behalf of the informant / opposite party no.2 is taken on record.

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Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the material available on record.

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This application for anticipatory bail has been filed by applicant - Naresh Pal in connection with Case Crime No.802 of 2020, under Sections 420, 406, 120-B IPC, Police Station Brahmpuri, District Meerut with a prayer to enlarge him on anticipatory bail.

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Learned counsel for the applicant has stated that the applicant has nothing to do with the said offence. He is not named in the F.I.R. He has no criminal antecedents to his credit. It is further submitted that the named co-accused Manoj has been granted anticipatory bail by this Court in Crl. Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.-9615 of 2022 vide order dated 20.12.2022. It is further submitted that later on, remaining amount has been paid back to the informant through bank drafts. The said fact has been admitted by the counsel for the informant and he has stated that the matter has been resolved between the parties once for all and the civil suit pending has already been withdrawn. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. Learned counsel for the applicant undertakes that he has cooperated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.

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Per contra, learned A.G.A. opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicant. Learned counsel for the informant by way of short counter affidavit has placed this fact before the Court that the parties have entered into compromise and if the anticipatory bail is granted to the applicant, the informant has no objection / grievance in this 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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Hence, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion of the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till end of the trial in the matter.

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The anticipatory bail application is allowed.

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In the event of arrest of the applicant in the aforesaid case crime, he shall be released on anticipatory bail till end of the trial 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

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concerned on the date fixed in the matter;

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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 officer;

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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, same may be a ground for cancellation of protection granted to the applicant.

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Order Date :- 25.7.2023 ss

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Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad

Naresh Pal v. State of U.P. and Another

Case brief

What is this about?

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Naresh Pal v. State of U.P. and Another

Case brief

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