Court considered an anticipatory bail application under Section 438 Cr.P.C. regarding charges of cheating and criminal conspiracy. Interim bail granted earlier was made absolute pending investigation report.
Interim anticipatory bail order dated 14.06.2021 made absolute till submission of police report under S. 173(3) Cr.P.C.
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. - 77
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8519 of 2021
Applicant :- Sandeep Garg Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Tripathi,Anurag Vajpeyi Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Gaurav Tripathi, learned counsel for the applicant and Mr. Rakesh Soni, learned A.G.A. for the State and perused the record.
The present application has been moved seeking anticipatory bail in Case Crime No.2010 of 2019, under Sections 406, 420, 120-B I.P.C. and Sections 3, 4, 5, 6 of Prize Chit Funds and Money Circulation Banning Act, P.S. Kavi Nagar, DistrictGhaziabad, with the prayer that in the event of arrest, applicant may be released on bail.
On 14.06.2021, Co-ordinate Bench of this Court while granting interim anticipatory bail to the applicant, has passed the following order:-
"1. Heard learned counsel for the applicant and learned AGA for the State.
2. This anticipatory bail application has been filed on behalf of the applicant - Sandeep Garg, seeking anticipatory bail in Case Crime No. 2010 of 2019, under Sections 406, 420, 120B IPC and Sections 3, 4, 5 & 6 of the Prize Chit Funds and Money Circulation Banning Act, Police Station - Kavi Nagar, District - Ghaziabad, during pendency of trial.
3. Learned AGA prays for and is granted time upto 9 July 2021 to file counter affidavit. The applicant shall have time upto 23 July 2021 to file rejoinder affidavit.
4. List this case on 2 August 2021, in the additional cause list before the appropriate Bench.
5. At present, there are no criminal antecedents of the applicant shown as also no real apprehension has been expressed by the State of the applicant fleeing from justice, if the present application is allowed.
6. While the bail application has been opposed by learned AGA, submission of learned counsel for the applicant is that, in the first place, there is no criminal history of the applicant, other than similar allegations having been levelled against the applicant, wherein the applicant has already been enlarged on bail or the similar criminal prosecutions have
been quashed in other cases. Then, it is submitted that the dispute is purely civil in nature, as is clear from a bare perusal of the FIR. The applicant is alleged to have received deposits against which returns were also paid for some time. Owing to the financial situation emerging thereafter, defaults were committed with respect to the payments that became due later on. Therefore, ingredients of offence under Section 406 or 420 IPC may not stand made out. The present FIR is also stated to be motivated and malicious inasmuch as details of numerous deposits have been made in the FIR which are not related to the informant and with which he has no personal or direct concern. Even, the minimum details of names of the depositors have not been disclosed in the FIR. At the same time, all deposits have been sought to be made subject matter of the FIR only to cause deep harassment. Last, learned counsel for the applicant states that the applicant is willing to honour any genuine claim for refund/deduction. However, by means of the present prosecution, the informant is only seeking to extort money from the applicant.
7. Thus, without expressing any opinion on the merits of the case, the applicant is entitled to interim anticipatory bail in this case, at this stage.
8. In the event of arrest of the applicant - Sandeep Garg, involved in the aforesaid case crime, he shall be released on interim anticipatory bail till the next date fixed, on his furnishing a personal bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the Station House Officer of the police station concerned OR before the court concerned on the following conditions:
(i) The applicant shall make himself available for interrogation by a police officer/by the court as may be the case.
(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 or tamper with the evidence.
(iii) The applicant shall not leave India without the previous permission of the court.
(iv) In default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicant. "
Learned counsel for the applicant submits that till date no charge sheet has been submitted and investigation is still going on. He further submits that applicant has always co-operated in the investigation and has not misused the liberty of aforesaid interim anticipatory bail, which was granted to him on 14.06.2021 by co-ordinate bench of this Court. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegation made against him. The circumstances which, as per counsel, led to the false implication of the applicant has also been touched upon at length. Learned counsel for the applicant undertakes that he has co-operated 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.
Learned A.G.A. for the State does not dispute the aforesaid factual aspect of the matter as argued on behalf of the applicant.
In view of the above, aforesaid interim anticipatory bail order dated 14.06.2021 is made absolute till submission of police report under Section 173(3) Cr.P.C. on the terms and conditions as indicated in the above order dated 14.06.2021.
With the aforesaid observations and directions, the instant anticipatory bail application is allowed .
Order Date :- 20.1.2023 Rahul.
Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to anticipatory bail under Section 438 Cr.P.C. given the nature of allegations and lack of prior adverse records.
3 provisions across 3 enactments
Sandeep Garg
Manju Rani Chauhan
Rahul Goswami
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
