Allowed¶27

Tushar Deewan v. State of U.P. Thru Prin.Secy. Home and Anr.

Allahabad HC2 Aug 2024/15556/2021

Case brief

AI extract

What is this about?

Tushar Deewan anticipatory bail Section 438 Cr.P.C.; Case Crime No.0217 of 2021, Sections 447, 406, 420, 427 I.P.C., Police Station Para, District Lucknow; interim bail on personal bond Rs.50,000/- with two sureties; Sushila Aggarwal (2020)5 SCC 1 relied on; applicant cooperative, no criminal history, offence triable by Magistrate; Allahabad High Court Lucknow Bench, Karunesh Singh Pawar J.; application allowed, interim protection made absolute; Order Date 2.8.2024; Neutral Citation 2024:AHC-LKO:53211.

What did the court decide?

Protection under Section 438 Cr.P.C. granted to the applicant; the interim protection of the order dated 19.1.2022 (release on personal bond of Rs.50,000/- with two sureties of the same amount, subject to stated conditions) made absolute. ¶27

Tushar Deewan Vs State of U.P. Thru Prin.Secy. Home… — Cheating and Forgery | Allahabad HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant, Tushar Deewan, is entitled to protection/anticipatory bail under Section 438 Cr.P.C. in Case Crime No.0217 of 2021 under Sections 447, 406, 420, 427 I.P.C., Police Station Para, District Lucknow.

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Court's answer

Considering that the applicant had cooperated in the investigation and undertook to further cooperate, had no criminal history, the offence is triable by Magistrate, and relying on Sushila Aggarwal (2020)5 SCC 1, the Court held, without entering into the merits, that it would be appropriate to grant protection to the applicant under Section 438 Cr.P.C.

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Ratio / Principle

The interim protection granted by the earlier order dated 19.1.2022 (release on personal bond of Rs.50,000/- with two sureties of the same amount, subject to conditions) was made absolute.

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Key takeaways

The anticipatory bail application was allowed accordingly.ratio¶27

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Karunesh Singh Pawar, J.; Order Date 2.8.2024): Anticipatory bail application under Section 438 Cr.P.C. in Case Crime No.0217 of 2021, Sections 447, 406, 420, 427 I.P.C., Police Station Para, District Lucknow, ALLOWED. The interim protection granted by order dated 19.1.2022 — release on arrest on personal bond of Rs.50,000/- with two sureties of the same amount, subject to conditions — was made absolute. Grounds: it was not disputed that the applicant had cooperated in the investigation and undertook to further cooperate; the applicant had no criminal history; the offence is triable by Magistrate; reliance placed on Sushila Aggarwal and others v. State (NCT of Delhi) and another, (2020)5 SCC 1; decision rendered without entering into the merits of the case.

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Neutral Citation No. - 2024:AHC-LKO:53211

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 15556 of 2021

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Applicant :- Tushar Deewan Opposite Party :- State Of U.P. Thru Prin.Secy. Home And Anr Counsel for Applicant :- Manoj Kumar Srivastava,Pramod Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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1. The present anticipatory bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No.0217 of 2021, under Sections 447, 406, 420, 427 I.P.C., Police Station Para, District Lucknow.

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2. Heard Mr. Sardul Vikram Swarup, Advocate holding brief of Mr. Pramod Kumar Singh, learned counsel for the applicant and learned Additional Government Advocate for the State.

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3. Order dated 19.1.2022 passed earlier is extracted below :

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"The Court convened through video conferencing.

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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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The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No.0217 of 2021, under Sections 447, 406, 420, 427 I.P.C., Police Station Para, District Lucknow with the prayer to enlarge him on anticipatory bail.

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Learned counsel for the applicant has submitted that the applicant is an Assistant Teacher and the husband of the informant is Principal in another school. They were known to each other. It was informed by the husband of the informant to the applicant that he was interested for purchasing a plot and when it came into knowledge of the applicant that owner of the plot in question is ready to sell the plot, then this fact was informed to the husband of the informant of the present case. He further submitted that the informant and her husband verified and examined the location of the plot in question and thereafter, applied for loan. Thereafter, sale deed was executed and the applicant is the marginal witness, but later on some dispute was arisen on the plot in question in relation to possession, then the F.I.R. in question was lodged against the seller and others, and the applicant was also dragged in the F.I.R. He further submitted that applicant is ready to co-operated in the investigation, but he is having apprehension that he may be arrested by the Investigating Officer on the basis of incorrect facts. He further submitted that the applicant does not have any criminal antecedent. Therefore, kind indulgence of this Court is necessary.

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Learned A.G.A. has opposed the prayer of the applicant and submitted that charge sheet is filed against the other co-accused persons and investigation is going on in relation to the applicant.

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Considering the arguments of the learned counsel for the applicant as well as learned A.G.A. and going through the contents of the F.I.R. and other relevant documents, the matter requires consideration.

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List this case on 17.02.2022. On the next date, present anticipatory bail application shall be decided finally.

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In the meantime, learned A.G.A. may file counter affidavit.

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In case, the applicant - Tushar Deewan - is taken into custody by the Investigating Officer/arresting officer then he shall be released forthwith on interim bail after taking personal bond of Rs.50,000/- and two sureties of the same amount subject to the following conditions:-

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(1) The applicant shall make himself available for interrogation by a police officer as and when required;

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(2) 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 from disclosing such facts to the Court or to any police officer;

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(3) The applicant shall not leave the District concerned without the previous permission of the court.

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The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.

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The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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4. It is not disputed that the applicant has cooperated in the investigation. He further undertakes to cooperate in the investigation. The applicant has no criminal history. Offence is triable by Magistrate.

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5. Learned Addl. Government Advocate has opposed the prayer made in the application.

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6. Considering the above aspects of the matter, the fact that the applicant has no criminal history, perusal of the record, the undertaking on behalf of the applicant that he will further cooperate in the investigation/trial, as also the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant under Section 438 Cr.P.C.

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7. In view of the above, the interim protection extracted above is made absolute.

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8. The anticipatory bail application is allowed accordingly.

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Order Date :- 2.8.2024 kkb/

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Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench

Tushar Deewan v. State of U.P. Thru Prin.Secy. Home and Anr.

Case brief

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Tushar Deewan v. State of U.P. Thru Prin.Secy. Home and Anr.

Case brief

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