Ankur Yadav Vs State of U.P. Thru. Prin. Secy. Home Lko.

Neutral Citation No. - 2024:AHC-LKO:51439

Court No. - 14

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1365 of 2024

Applicant :- Ankur Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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The present application under Section 438 of Cr.P.C. has been filed for anticipatory bail in Case Crime No.82 of 2024, under sections 406, 419, 420, 467, 468, 471 , 504, 506 I.P.C., Police Station - Kurshi, District - Barabanki.

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Heard learned counsel for the applicant and learned A.G.A. for the State. None appears for the complainant.

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The co-ordinate Bench of this Court while granting interim protection vide order dated 20.06.2024 has passed the following order:-

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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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The present application under Section 438 of Cr.P.C. has been filed for anticipatory bail in Case Crime No.82 of 2024, under sections 406, 419, 420, 467, 468, 471 , 504, 506 I.P.C., Police Station - Kurshi, District - Barabanki.

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Learned counsel for the applicant submitted that the applicant is recorded tenure holder of the property in question and it was insisted by the complainant to transfer the entire property but the agreement was executed for the part of the property and, thereafter, complainant of the present case asked the entire money to pay the applicant and the money was also refunded and thereafter the property was sold out to another person then due to annoyance FIR of the case in question was lodged. As the investigation is going on and applicant is ready to cooperate in the investigation he does not have any criminal

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antecedents and requested for interim bail.

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Learned A.G.A. as well as Mr. Luv Singh, learned counsel for the complainant vehemently opposed the prayer of the applicant and submitted as the money was taken by the applicant and wrong property was shown and sale deed was not being executed and then the FIR of the case in question was lodged and the investigation is going on.

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Considering the submissions of learned counsel for the parties and going through the contents of the bail application and the FIR and the statement of account as it is undisputed fact that money was transferred by the applicant in the account of the complainant as well as his partner, therefore, this Court is of the view that the applicant is entitled for interim anticipatory bail.

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List this case on 29.7.2024. In the meantime, learned A.G.A. as well as learned counsel for the complainant may file counter affidavit.

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Till the next date of listing, in the event of arrest of the applicant, namely Ankur Yadav in the aforesaid case, he shall be released forthwith by the Station House Officer of the police station concerned, on his furnishing personal bond of Rs.50,000/- with the following condition:-

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(i) That the accused-applicant shall make themselves available for interrogation by police authorities as and when required and will cooperate with the investigation;

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(ii) That the accused-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 from disclosing such facts to the court or to any police officer; and (iii) That the accused-applicant shall not leave India without the previous permission of the Court.

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However, it is directed that the applicant will join and participate in each and every aspect of Investigation and will lend full assistance to the Investigating Agency, even with regard to 'discovery of fact' if and when required so by the Investigating Agency."

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Learned counsel for the applicant submits that applicant has no criminal history. He undertakes that applicant will cooperate in the investigation. He also submits that consideration amount has been returned to the complainant as per the averment made in paragraph 13 of the bail application.

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Learned A.G.A. has vehemently opposed the bail application, however, he submits that charge-sheet has not been filed in the matter.

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On due consideration to the submissions advanced, perusal of the record so also the fact that applicant has no criminal history, undertaking given by the applicant as also the fact that consideration amount has been returned by the applicant to the complainant, the interim protection granted by this Court vide order dated 20.06.2024 is made absolute in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)2020 SCC online SC 98.

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In view of the above, it is provided that in the event of arrest, the applicant- Ankur Yadav shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:-

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(1) The applicant shall cooperate in the investigation and he will not influence the witnesses.

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(2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation.

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(3) The applicant shall not leave India without previous permission of the Court.

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(4) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection.

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The application disposed of.

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Order Date :- 29.7.2024