Niraj @ Niraj Maurya v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home, U.P. Lucknow and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2274 of 2023 Applicant :- Niraj @ Niraj Maurya Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home, U.P. Lucknow And Another Counsel for Applicant :- Vinay Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Vinay Kumar Verma, the learned counsel for the applicant as well as Sri Jayant Singh Tomar, the learned Additional Government Advocate-I appearing on behalf of the State and perused the records.

¶2The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.642 of 2022, under Sections 406, 419, 420, 506 I.P.C., registered at Police Station Gazipur, District Lucknow.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.12.2022 against three persons, including the applicant, stating that co-accused persons used to extract money from several persons for getting them employed. Regarding the applicant, only this much is stated in the FIR that the applicant is a dabang person. The FIR alleges payment of Rs.25,00,000/- in cash and payment of lose amount of cheques by various persons, who have not come forward to file FIR against the accused persons.

¶4Learned counsel for the applicant has submitted that infact the informant himself is involved in commission of the offence of duping people in the name of getting them employed and an FIR No.265 of 2023 under Sections 419, 420, 406 IPC, Police Station Madhuban, District Mau includes him as a accused person.

¶5In the affidavit filed in support of the anticipatory bail-application, it has been contended that the applicant is innocent, and he has falsely been implicated in the present case.

¶6The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR does not contain any allegation of any demand of money by the applicant or any other act committed by him and that the applicant has no criminal history and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.

¶8In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Niraj @ Niraj Maurya before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:

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

(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 pressurize/ intimidate the prosecution witness; (Subhash Vidyarthi, J.) Order Date :- 18.10.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench