Kanishak Mittal v. State of U.P. and Another

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12415 of 2023 Applicant :- Kanishak Mittal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Uma Nath Pandey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Uma Nath Pandey, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State as well as perused the record.

¶3The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.32 of 2023, registered under Sections 420, 406, 467, 468, 504 I.P.C. at Police Station-Biharigarh, District-Saharanpur with a prayer to enlarge him on anticipatory bail.

¶4As per prosecution story, the applicant and two other co-accused persons, namely, Yogesh Bhardwaj and Hemant Goyal are stated to be broker of the company which is stated to have committed illegality in developing the said housing society being taken up by its directors, as such, the informant and other persons have incurred heavy loss.

¶5Learned counsel for the applicant has stated that he has been falsely implicated in this case. The FIR itself indicates that the applicant and two others were broker of the said company, as such, they had nothing to do with the day to day affairs of the company. The persons responsible for the company are the Directors, namely, Rohit Shastri, Ruchi Rai Saxena and Manoj Rawat. The criminal history of two cases assigned to the applicant has been explained. The applicant is not a previous convict.

¶6Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The applicant has apprehension of his arrest. Learned counsel has stated that the applicant undertakes that he has co-operated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.

¶7Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicant.

¶8On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1". The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.

¶9In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant-Kanishak Mittal be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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

(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;

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

(iv). that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;

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

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

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

¶10It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial. Order Date :- 9.11.2023/ Vikas [Krishan Pahal, J.] High Court of Judicature at Allahabad