Vivek Misra Vs State of U.P. Thru Prin Secy Home Deptt Govt Civil Sectt and Another

Neutral Citation No. - 2024:AHC-LKO:54734

Court No. - 14

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 262 of 2022

Applicant :- Vivek Misra Opposite Party :- State Of U.P. Thru Prin Secy Home Deptt Govt Civil Sectt And Another Counsel for Applicant :- Lalit Kishore Tiwari,Karuna Shankar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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1. The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in FIR No.480 of 2021, under Sections 420 & 409 IPC, Police Station Kotwali Madion, District Lucknow.

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2. Heard learned counsel for the applicant and learned A.G.A. for the State who has opposed the bail.

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3. A coordinate Bench of this Court while giving interim protection has passed the following order on 25.2.2022 :

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"Heard Sri Lalit Kishore Tiwari, learned counsel for the applicant and Ms. Shikha Sinha, learned AGA.

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Sri Tiwari has filed supplementary affidavit, the same is taken on record.

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Office is directed to allot the application number to the application filed along with supplementary affidavit.

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As per learned counsel for the applicant, the present applicant is apprehending his arrest in FIR No.480 of 2021, under Sections 420 & 409 IPC, Police Station Kotwali Madion, District Lucknow.

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Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has nothing to do with the offence in question. In para-4 of the supplementary affidavit, learned counsel for the applicant has indicated that the applicant was working in the State Rural Employment Mission, Block Thekma, District Azamgarh on the post of Computer Operator under the complainant and after COVID-19, the applicant has left the job and he is presently working as Salesman in the Air Care Electronics, Khurram Nagar, Lucknow. He has further submitted that considering the position on which the present applicant was working, no offence under Section 409 IPC can be made out against him inasmuch as he was not custodian of any fund, which is said to have been usurped by him illegally. So far as the ingredients of Section 420 IPC are concerned, the present applicant has not committed any forgery.

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Along with supplementary affidavit, learned counsel for the applicant has enclosed the statement of the Bank Account of the present applicant to show that the alleged amount has not been transferred in his Bank Account. He has further submitted that the applicant is not the beneficiary of the transaction in question in any manner whatsoever and being a small employee, he has only obeyed the direction of the complainant. He has further submitted that the present applicant

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has got no previous criminal history of any kind whatsoever. Further, the applicant is having no concern with Yashwant Real Estate and co-accused Vijay Yadav, therefore, he may be granted some protection.

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Per contra, Ms. Shikha Sinha, learned AGA has opposed the aforesaid request of the present applicant by submitting that the present applicant is not cooperating with the investigation, therefore, the investigation could not be concluded till now. However, on being confronted on the submissions so made by the learned counsel for the applicant, she has submitted that she may file counter affidavit enclosing therewith the relevant material to show that the present applicant is responsible for the crime in question.

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Having heard learned counsel for the parties and having perused the material available on record, I find it appropriate that some interim protection may be given to the present applicant subject to the condition that he shall co-operate with the investigation properly. He shall appear before the Investigating Officer concerned on 04.03.2022. Thereafter, he shall keep on cooperating to the Investigating Officer and shall not try to influence any witness or shall not try to tamper any evidence. In case the present applicant creates any hindrance in the investigation, liberty is given to the State to file any appropriate application seeking to vacate the interim protection being given to the present applicant by this Court.

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Keeping in view the overall facts and circumstances of this case and upon consideration of contentions of learned counsel for the applicant as well as the submissions of learned A.G.A., without expressing any opinion on the merits of the case and considering the nature of accusation against the applicant and his antecedents, as an interim measure, it is directed that in case applicant- Vivek Misra 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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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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Let counter affidavit be filed within a period of four weeks.

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List on 30.03.2022. "

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3. Learned counsel for the applicant has submitted that the applicant has cooperated in the investigation and charge sheet has been filed. He has no criminal history.

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4. Learned A.G.A. has opposed the prayer, however, he could not dispute the aforesaid facts.

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5. Considering the interim protection granted by this court vide order extracted above which has not been misused by the

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applicant, charge sheet has been filed and the applicant has cooperated in the investigation and he further undertakes to cooperate in the trial, and without expressing any opinion on the merit of the case, I am of the opinion that the interim protection granted earlier is liable to be and is hereby made absolute.

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6. The application is allowed accordingly.

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Order Date :- 8.8.2024 kkb/

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

Vivek Misra v. State of U.P. Thru Prin Secy Home Deptt Govt Civil Sectt and Another

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Vivek Misra v. State of U.P. Thru Prin Secy Home Deptt Govt Civil Sectt and Another

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