Allowed

Vaibhav Mittal and 4 Others v. State of U.P.

Allahabad HC22 Jul 2024ABAIL/2039/2024

Case brief

AI extract

What is this about?

The court granted anticipatory bail to five applicants in cases under sections 420 and 406 IPC. The court found the matter to be a commercial dispute, noted the payment of an undisputed amount, and observed no risk to investigation or witnesses.

What did the court decide?

Anticipatory bail granted subject to furnishing personal bond of Rs.25,000/- with two sureties and compliance with standard conditions.

Vaibhav Mittal and 4 Others vs State of U.P. — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:161014

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2039 of 2024 Applicant :- Vaibhav Mittal And 4 Others Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kumar Agarwal Counsel for Opposite Party :- Anil Kumar Mishra,G.A.,Madan Singh,Manish Mishra

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with

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1844 of 2024 Applicant :- Shilpi Bansal Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kumar Agarwal Counsel for Opposite Party :- Anil Kumar Mishra,G.A.,Madan Singh,Manish Mishra

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Hon'ble Vikram D. Chauhan,J.

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Heard learned counsel for the applicants, Sri Manish Mishra, learned counsel for the informant, as well as, learned AGA and perused the material available on record.

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The present Anticipatory Bail Applications have been filed with a common prayer to grant anticipatory bail to the applicants - Vaibhav Mittal, Saksham Mittal, Subham Mittal, Vishwa Bandhu, Mohit Bandhu and Shilpi Bansal in Case Crime No. 470 of 2023 under Sections 420, 406 I.P.C., Police Station - Nai Mandi, District - Muzaffar Nagar.

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Learned counsel for the applicants has handed over demand draft dated 26.09.2024 bearing no. "000906" of HDFC Bank of Rs. 13,00,000/- to learned counsel for the informant today in favour of Soma Traders (PNB Bank A/C 0333002100054090). A photocopy of the same is taken on record.

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3-A. Learned counsel for the applicants submits that undisputed amount of Rs. 30,00,000/- has been paid and the balance amount is disputed between the parties, which primarily is a commercial dispute. Learned counsel for the applicants submits that applicants may be granted anticipatory bail in terms of the bona fide shown by the applicants. If the applicants are enlarged on anticipatory bail, they will not misuse the liberty and cooperate with the investigation. The applicants have apprehension of their arrest by the police any time.

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4.Sri Manish Mishra, learned counsel for the informant has accepted the demand draft of Rs. 13,00,000/- on behalf of the informant and submits that since the undisputed amount of Rs. 30,00,000/- has been paid and final amount i.e. 41 lakh which is disputed between the parties, would be claimed in accordance with law. He further submits that he would have not objection in case anticipatory bail is granted to the applicants.

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4-A. Learned A.G.A. opposed the prayer but does not dispute the factual matrix.

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It is not shown by learned AGA that the offence in question will have impact on society at large. It is not shown that act causes harm to the society. The accusations arise out of dispute between individuals. It is not shown by learned AGA that the nature and gravity of allegations are such that the same would disentitle the applicants for relief of anticipatory bail. Learned AGA has not raised concern that any prejudice would be caused to free, fair and full investigation in the event the applicants are granted anticipatory bail. No material, facts, circumstances or concern been shown by learned AGA for the State that the accused may tamper with the evidence or witnesses or accused is of such character that his mere presence at large would intimidate the witnesses or that accused will use his liberty to subvert justice or tamper with the evidence.

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Learned Counsel for opposite parties has not placed any criminal antecedents of the applicants. The applicants have no criminal history.

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It is settled principle of law that the object of bail is to secure the attendance of the accused. No material particulars or circumstances suggestive of the applicants fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA for the State.

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In view of the above, the applicants are granted anticipatory bail in respect of offence described in para-2 of the present order. In the event of arrest of the applicants, they shall be released on anticipatory bail on their furnishing a personal bond of Rs.25,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicants shall make themselves available for interrogation by a police office as and when required.

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(ii) The applicants 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 themselves from disclosing such facts to the Court or to any police office.

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

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(iv) In the event, applicants change residential address, the applicants shall inform the court concerned/Investigating Officer about new residential address in writing.

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(v) The applicants shall cooperate with the investigation and make themselves available for interrogation whenever required.

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(vi) The applicants shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.

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(vii) The applicants shall maintain law and order.

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(viii) The applicants shall at the time of execution of the bond, furnish their address and mobile number to investigating officer, and the court concerned.

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(ix) The applicants shall regularly remain present during the trial, and cooperate with the Court to complete the trial for the above offences.

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(x) Non presence of the applicants or their counsel before the court concerned shall be construed as violation of the present order and the court concerned would be at liberty to take coercive measures in accordance with law.

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In case of default of any of the conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of protection granted to the applicants.

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With the directions made above, the anticipatory bail application stands allowed.

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Order Date :- 1.10.2024

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S.Prakash

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Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad

Vaibhav Mittal and 4 Others v. State of U.P.

Case brief

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Vaibhav Mittal and 4 Others v. State of U.P.

Case brief

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