Brijendra Kumar Alias Vijendra Kumar Srivastava Vs State O Fu.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Neutral Citation No. - 2025:AHC-LKO:8432

Court No. - 15

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2812 of 2024

Applicant :- Brijendra Kumar Alias Vijendra Kumar Srivastava Opposite Party :- State O Fu.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Mahesh Kumar Sharma,Anil Kumar Tripathi,Tajdar Ahmad Counsel for Opposite Party :- G.A.,Sachin Pandey

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Hon'ble Shree Prakash Singh,J.

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On 30.1.2025, the following order was passed:

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"1. On 20.12.2024, the following order was passed:-

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"Supplementary Affidavit filed today on behalf of the applicant is taken on record.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 53 of 2024, under sections 406 / 419 / 420 / 467 /468 /471 of the I.P.C., Police StationJagdishpur, District-Amethi.

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Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated. He added that the applicant has misappropriated an amount of Rs. 4,20,000/- which was incredited in his account, though, the fact is otherwise, that the same was in the willingness of the parties and the amount was incredited in the account of the applicant and the applicant undertakes that he will return back the aforesaid amount Rs. 4,20,000/within period of 30 days. He submits that the applicant has undertaken this fact in paragraph no. 2 of the Supplementary Affidavit dated 20-12-2024. He submits that the applicant is a law abiding citizen and he has no previous criminal history and he is always cooperating in the investigation proceedings. Further submitted that since there is an acute apprehension that the police will arrest the present applicant and therefore, he may be enlarged on anticipatory bail.

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On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submits that there are serious allegations against the applicant and as such, he is not entitled for any relief.

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Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it a fit case for grant of interim anticipatory bail.

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Accordingly, till the next date of listing, the present applicant- Brijendra Kumar alias Vijendra Kumar Srivastava, shall be released forthwith, in case of his arrest, in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing a personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(1) Since, the applicant has undertaken that he will return back the amount Rs. 4,20,000/- to the person concerned within 30 days and this fact has also specifically been mentioned in paragraph no. 2 of the the Supplementary Affidavit. Therefore, if the same is not returned back within the said period as undertaken by the applicant, the court will reconsider the interim protection granted in his favour.

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

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(3) 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;

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

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(5) that in case chargesheet is submitted, the applicant shall not tamper with the evidence during the trial;

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(6) that the applicant shall not pressurize/ intimidate the prosecution witness;

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

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(8) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

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Let notice be issued to opposite party no. 2 returnable at an early date.

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Steps be taken within a week.

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If the steps are taken, the office shall proceed accordingly.

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List/put up this matter on 27-01-2025 within top five cases of the list.

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In the meantime, learned counsel for the State as well as opposite party no. 2 shall file their Counter Affidavits."

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2. From perusal of the aforesaid, the condition no.1 is evident that the interim anticipatory bail granted with undertaking of the applicant that he will repay back the amount Rs.4,20,000/- to the concerned person within 30 days.

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3. Shri Anil Kumar Tripathi, learned counsel for the applicant submits that he has fetched the demand draft of the amount of Rs.4,20,000/- but his contention is that the complainant is not the person to whom the amount is to be repay back and the aggrieved person is one Shri Kamlesh Chandra and therefore, it would be appropriate to provide this demand draft to Shri Kamlesh Chandra.

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4. The submission of learned counsel for the applicant seems to be genuine and in this view of the matter, the AGA is directed to communicate Shri Kamlesh Chandra through SHO concerned for his appearance before this Court on the next date so that he could receive the demand draft personally.

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5. List/ put up this matter on 10.02.2025 as fresh.

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6. Interim order, if any, granted earlier shall continue till the next date of listing.

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7. The learned counsel for the applicant and the learned counsel for the complainant shall provide the exact postal address to the AGA concerned."

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While passing the order aforesaid, Shri Kamlesh Chandra was directed to appear in person through SHO concerned and in compliance thereof, the Sub-Inspector, PS- Jagdishpur, Amethi has produced Shri Kamlesh Chandra before this Court.

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Mr. Sachin Pandey, Advocate, has identified to Kamlesh Chandra.

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Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. for the State and perused the material placed on record.

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The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in Case Crime No. 53 of 2024, under sections 406 / 419 / 420 / 467 /468 /471 of the I.P.C., Police Station- Jagdishpur, District- Amethi.

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Shri Anil Kumar Tripathi, learned counsel appearing for the applicant has pointed out that Rs. 4,20,000/- was incredited in the account of the applicant and, therefore, he has placed the demand draft of Rs. 4,20,000/- of Punjab National Bank dated 18.01.2025 bearing No. UQT 029749 before this Court and submits that he is ready to repay back the amount to the person concerned namely, Kamlesh Chandra through whose account, the amount was incredited in his account. The bank draft aforesaid is given to Kamlesh Chandra in the Court and he has received the same.

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It is submitted by Kamlesh Chandra that he had provided about Rs. 10 lakhs to the applicant as some of the amount was given in cash.

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The evidence appearing against the applicant is that he had taken Rs. 4 lakhs and odd in his bank account and showing his bonafide, he has repaid back the amount to the person concerned through the above-said bank draft.

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In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Brijendra Kumar alias Vijendra Kumar Srivastava till disposal of the trial subject to the following conditions:-

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

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(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;

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

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

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(v) that the applicant shall not pressurize/intimidate the prosecution witness.

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In case of default, it would be open for the Investigating Agency to move application for vacation of this order.

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Personal appearance of the S.H.O. concerned and Kamlesh Chandra is hereby exempted.

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Order Date :- 10.2.2025 Shravan

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

Brijendra Kumar Alias Vijendra Kumar Srivastava v. State O Fu.P. Thru. Prin. Secy. Home U.P. Lko. and Another

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Brijendra Kumar Alias Vijendra Kumar Srivastava v. State O Fu.P. Thru. Prin. Secy. Home U.P. Lko. and Another

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