Allowed

Saurabh Goel v. State of U.P.

Allahabad HC18 Oct 2024ABAIL/10168/2024

Case brief

AI extract

What is this about?

The High Court allowed an anticipatory bail application filed under Section 438 Cr.P.C. by Saurabh Goel, who faced charges of cheating and forgery. He had been on bail during investigation and appeared to have cooperated. The court granted bail pending trial subject to strict conditions.

What did the court decide?

Grant of anticipatory bail till the conclusion of the trial on furnishing a personal bond with two surelies and abiding by specified conditions.

Saurabh Goel vs State of U.P. — Cheating and Forgery | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:165829

¶2

Court No. - 66

¶3

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10168 of 2024

¶4

Applicant :- Saurabh Goel Opposite Party :- State of U.P. Counsel for Applicant :- Sri Narayan Mishra Counsel for Opposite Party :- G.A.

¶5

Hon'ble Sameer Jain,J.

¶6

Sri Jhamman Ram, learned AGA-I, for the State, apprised the Court that he has received the instructions, therefore, the instant anticipatory bail application may be finally disposed off.

¶7

Heard Shri Sri Narayan Mishra, learned counsel for the applicant and Sri Jhamman Ram, learned AGA-I, for the State.

¶8

The instant anticipatory bail application has been filed on behalf of the applicants with the prayer to release them on anticipatory bail in FIR/Case Crime No.475 of 2022, under Sections 406,420,467,468,471 and 120B IPC, Police Station Medical, District Meerut during pendency of the trial.

¶9

Learned counsel for the applicant submits that applicant is the husband of the informant and as per allegation by playing fraud he withdrew the money from joint account of applicant and his wife but entire allegation levelled against the applicant is totally false and after considering entire facts of the case, court concerned on 15.3.2023 enlarged the applicant on anticipatory bail till the submission of police report under Section 173(2) Cr.P.C. and now charge sheet has been filed and summons have been issued to the applicant and applicant is having apprehension if he will appear before the court concerned then he will be sent to jail.

¶10

He further submits that as during investigation applicant was on

¶11

anticipatory bail and he fully cooperated with the investigation, therefore, there is no occasion to send him jail.

¶12

He further submits that except the matrimonial dispute arose between husband and wife, applicant is not having any previous criminal history.

¶13

Per contra, learned AGA, however, opposed the prayer for anticipatory bail but could not dispute the fact that applicant was on anticipatory bail during investigation and there is no allegation that he misused the liberty of anticipatory bail granted to him by the court concerned.

¶14

I have heard learned counsel for the parties and perused the record of the case.

¶15

However, as per allegation applicant by playing fraud withdrew the amount from the joint account of his wife but it reflects that by a very detailed order court concerned on 15.3.2023 enlarged him on anticipatory bail till the submission of charge sheet and there is no allegation against the applicant that during investigation either he did not cooperate with the investigation or mis-used the liberty of anticipatory bail granted to him.

¶16

Further, apprehension of arrest raised by applicant cannot be completely ruled out especially considering the fact that now a days it has become general practice of courts to send the accused behind the bar whenever he appears before it on the basis of summoning order (See: Mahdoom Bava Vs. Central Bureau of Investigation, 2023 SCC Onlline SC299).

¶17

Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on anticipatory bail till the conclusion of the trial.

¶18

Accordingly, without expressing any opinion on the merits of the case, the instant bail anticipatory application is allowed.

¶19

In the event of arrest of the applicant -Saurabh Goel involved in the aforesaid case crime number, shall be released on bail till the conclusion of the trial case on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court concerned with the conditions:-

¶20

(i) that the applicant shall make himself available for interrogation by a police officer as and when required;

¶21

(ii) that 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 or tamper with the evidence.

¶22

(iii) that the applicant shall not leave India without previous permission of the court;

¶23

(iv) that the applicant shall not temper with the evidence during the trial;

¶24

(v) that the applicants shall not pressurize/intimidate the prosecution witness;

¶25

(vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

¶26

In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicants.

¶27

It is made clear that the observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

¶28

Order Date :- 18.10.2024 SKM

¶29

Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad

Saurabh Goel v. State of U.P.

Case brief

What is this about?

What did the court decide?

Saurabh Goel v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vansh vs State of U.P. and Another

Shobhit Singh @ Shiv Kumar Singh and 2 Others vs State of U.P. and Another

Lalji Yadav vs State of U.P. and Another

Munish Kumar vs State of U.P. and Another

Dhamendra Yadav vs State of Up and Another

Ghanshyam Sharma vs State of U.P. and Another