Dismissed

Vishnu Pratap Tiwari v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Allahabad HC25 Jan 2024/135/2024

Case brief

AI extract

What is this about?

This Single Judge Bench rejected an anticipatory bail application filed by Vishnu Pratap Tiwari. The court held that the applicant was part of a conspiracy to defraud a finance company, failed to cooperate with the investigation, and therefore no good ground existed for granting relief.

What did the court decide?

Application for anticipatory bail under Section 438 Cr.P.C. rejected and the existing bonds ordered to be submitted to the Investigating Officer.

Vishnu Pratap Tiwari Vs State of U.P. Thru. Prin. Secy… — Money Laundering | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:7525

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Court No. - 15

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 135 of 2024

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Applicant :- Vishnu Pratap Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Akshay Kumar Singh,Palak Jawa,Ruchir Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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

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This application has been moved by the applicant- Vishnu Pratap Tiwari for grant of anticipatory bail in FIR/Case Crime No.0424 of 2022, under Sections 419, 420, 467, 468, 471 and 120-B IPC lodged at Police Station Gomti Nagar, District Lucknow East (Commissionerate Lucknow0.

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Learned counsel for the applicant submits that it is a case of false implication. The applicant is a bonafide purchaser and he has paid the amount of consideration by taking loan amount from Hinduja Housing Finance Company, through cheques and his bonafide may not be doubted on this score. It is also submitted that since money of the sale-deed was paid by the applicant (buyer) through cheques, the allegation with regard to the applicant that he was in connivance with other

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accused persons may not be taken as true. It is also submitted that the applicant is paying EMIs of the housing loan taken by him and his intention may not be doubted, however, he is apprehending his arrest as the investigating officer of this case is making all efforts to apprehend him, while there is no material/evidence in support of the allegations. The applicant is not having any previous criminal antecedents to his credit and there is no apprehension that after being released on anticipatory bail, he may flee from the course of law or may otherwise misuse the liberty.

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Learned A.G.A., on the other hand, submits that the applicant is part and parcel of a conspiracy and was in connivance with the seller and by placing forged documents loan has been procured from the aforesaid finance company and after execution of the sale-deed, Rs.20 Lac out of the sale-consideration paid to the seller, has been received back by the applicant (buyer), thus, his connivance with the seller is evident and in this way by the concerted efforts of the seller and buyer (applicant), the finance company has been deceived/defrauded of a huge amount.

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Having heard learned counsel for the parties and having perused the record, I find substance in the submission made by the learned A.G.A. It is also brought in knowledge that the applicant is not cooperating in the investigation. Thus, having regard to the manner in which the finance company has been duped of a huge amount of money, I find no good ground on the basis of which the discretion may be exercised in favour of the applicant.

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In result, this anticipatory bail application moved on behalf of the applicant- Vishnu Pratap Tiwari is hereby rejected .

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Order Date :- 25.1.2024 MVS/-

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Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench

Vishnu Pratap Tiwari v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Vishnu Pratap Tiwari v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

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