Allowed

Abhimanyu Kumar Rai v. State of U.P. Thru Prin Secy Home Civil Sectt and Another

Allahabad HC2 Aug 2024/160/2022

Case brief

AI extract

What is this about?

The Allahabad High Court converted an interim anticipatory bail order into an absolute one, allowing the application under Section 438 Cr.P.C. The applicant, facing charges of fraud and forgery, had no criminal history and had cooperated in the investigation, leading the court to grant protection.

What did the court decide?

The interim anticipatory bail granted earlier was made absolute, allowing the applicant.

Abhimanyu Kumar Rai Vs State of U.P. Thru Prin Secy Home… — Cheque Dishonour | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:53185

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 160 of 2022

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Applicant :- Abhimanyu Kumar Rai Opposite Party :- State Of U.P. Thru Prin Secy Home Civil Sectt And Another Counsel for Applicant :- Mahesh Kumar Sharma 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.346 of 2020, under Sections 419, 420, 467, 468, 471 IPC, Police Station Hazratganj, District Lucknow,

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2. Heard learned counsel for the applicant and learned Additional Government Advocate for the State.

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3. Order dated 11.2.2022 passed earlier is extracted below :

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"Heard Sri Anil K. Tripathi, learned Advocate holding brief of Sri Mahesh Kumar Sharma, learned counsel for the applicant and Ms. Shikha Sinha, learned Additional Government Advocate for the State.

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Issue notice to opposite party No.2, returnable at an early date, for which, necessary steps be taken within a week.

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Office to proceed accordingly.

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By means of present anticipatory bail application, the present applicant has shown his apprehension of arrest in Case Crime No.346 of 2020, under Sections 419, 420, 467, 468 & 471 I.P.C., Police Station-Hazratganj, District-Lucknow.

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Learned counsel for the applicant has submitted that the present applicant has not committed any offence as alleged in the prosecution case. He has also submitted that the present applicant is not named in the First Information Report (in short F.I.R.). As soon as the police started to visit at his place, he filed application before the learned court below to know as to why the police is visiting at his place, he came to know that in one case bearing Case Crime No.346 of 20202, under Sections 419, 420, 467, 468 & 471 registered at Police StationHazratganj, Lucknow is pending wherein he is being treated as accused person.

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Thereafter, Sri Tripathi has drawn attention of this Court towards Annexure No.3 of the application which is a letter being issued by the Bajaj Finserv to show that the services of the present applicant from such company have been put an end with effect from 27.02.2020. The aforesaid letter is termed as (Relieving Letter).

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Sri Tripathi, has further submitted that in the impugned F.I.R., the date of occurrence/ incidence is 22.04.2020, on that date, the present applicant was no more employee of the aforesaid company. As per the prosecution story, the

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offence of fraud and forgery has been committed by some other persons including the present applicant being official of the aforesaid company i.e. Bajaj Finserv. Therefore, when the present applicant was not having any authority of such company, as to how he can be involved in such offence.

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On being confronted on the aforesaid submissions of Sri Tripathi, learned Additional Government Advocate prays for and is granted two weeks time to file objection/ counter affidavit.

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Therefore, considering the submissions of Sri Tripathi and perusing the material available on record, without expressing any opinion on the merits of the case, I hereby grant interim anticipatory bail to the present applicant in the aforesaid case crime number, till the next date of listing with the direction that in case the present applicant is arrested, he shall be released forthwith on interim anticipatory bail after obtaining personal bond of Rs.50,000/- and two sureties in the like amount to the satisfaction of Station House Officer of the police station concerned/concerned court with the following conditions:-

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(i) The applicant shall extend his full cooperation in the investigation by making himself available for interrogation by a police officer/investigating officer as and when required;

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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 from disclosing such facts to the Court or to any police officer/investigating officer;

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

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(iv) In default of any of the aforesaid conditions, the Investigating Officer/Govt. Advocate will be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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List this case on 03.03.2022 as fresh."

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4. Learned counsel for the applicant submits that the applicant has cooperated in the investigation. Charge sheet has been filed. The offence is triable by Magistrate. The applicant undertakes to cooperate in the trial.

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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 applicant has cooperated in the investigation and the undertaking on behalf of the applicant that he will further cooperate in the 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

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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

Abhimanyu Kumar Rai v. State of U.P. Thru Prin Secy Home Civil Sectt and Another

Case brief

What is this about?

What did the court decide?

Abhimanyu Kumar Rai v. State of U.P. Thru Prin Secy Home Civil Sectt and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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