Anticipatory bail application for arrest in a cheating and forgery FIR concerning an unpermitted passenger transport booking operation. With charge-sheet filed and no criminal antecedents, bail was granted with standard protective conditions.
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Neutral Citation No. - 2024:AHC-LKO:45366
Court No. - 14
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 394 of 2024 Applicant :- Vaishno Das Mishra Opposite Party :- State Of U.P. Thru. Its Prin. Secy. (Home), Govt. Of U.P. Lucknow
Counsel for Applicant :- Surendra Kumar Pal,Shivam Trivedi Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned Counsel for the applicant and learned A.G.A. for the State/respondent as well as perused the record.
The present anticipatory bail application has been filed by the applicant apprehending his arrest in Case Crime No.0577 of 2022 under Sections 420, 467, 468, 471, 384 I.P.C., Police Station Ghazipur, District Lucknow.
As per the prosecution case a written complaint was given by the informant at Police Station Ghazipur Lucknow alleging that on 22.11.2022 he came to know that the applicant is illegally operating Shivani Transport Service Center near polytechnic Chauraha and is sending individual passengers to various places on buses without permit and extracting illegal money. After receiving this information the informant along with ARTO and other police personnel found two buses parked in which passengers were sitting. The passengers told that they have been charged individually on the basis of individual tickets.
Learned counsel for the applicant submits that the applicant is a licensee under Section 124 of the Motor Vehicle Rules 1988. The licence is on record. He has further drawn attention of this Court toward GST invoice of Om Shivani Yatayat Sewa Kendra run by the son of the applicant.
He further submits that as per the conditions of the permit of the
UPSRTC, which is on record at page no.35 under Condition no.13 he is permitted to do booking from his office. It is submitted that the applicant has nothing to do with this case. He was not present at the spot. The applicant has no criminal antecedent. The vehicle number shown in the F.I.R. is of two wheeler. He undertakes to cooperate in the trial.
Learned A.G.A. as well as learned counsel for the complainant have vehemently opposed the bail application, however, could not dispute the fact that the applicant has no criminal history. He further submits that charge-sheet in the matter has been filed.
On due consideration of the arguments advanced; perusal of the record; so also the fact that the applicant has no criminal antecedent, he has cooperated in the investigation and undertakes to cooperate in the trial and the vehicle number sown in the F.I.R. is a two wheeler, it would be expedient in the interest of justice that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.
In view of the above, since, charge-sheet in the matter has been filed, the accused applicant is directed to surrender before trial court, if he is summoned to face trial for offence in question. The accused applicant shall be released on bail by the trial court on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court concerned with the following conditions:-
(i) 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 tamper with the evidence;
(ii) The applicant shall not leave India without the previous permission of the court;
(iii)The applicant shall not pressurize/ intimidate the
prosecution witness;
(iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;
Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.
It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.
In view of the aforesaid, the application is allowed . Order Date :- 3.7.2024 R.C.
Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether anticipatory bail should be granted to the applicant apprehending arrest under Sections 420, 467, 468, 471, 384 IPC.
Colour shows how this judgement treated each authority
Sushila Aggarwal Vs. State (NCT of Delhi)Relied on
Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98 · Who else cites this
3 provisions across 3 enactments
Vaishno Das Mishra
State Of U.P. Thru. Its Prin. Secy. (Home), Govt. Of U.P. Lucknow
Karunesh Singh Pawar
As recorded by the court registry
3 orders share this CNR
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