Anis Kumar v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2281 of 2023 Applicant :- Anis Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Pankaj Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Pankaj Kumar Shukla, the learned counsel for the applicant as well as Sri Anant Pratap Singh, learned A.G.A. 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. 15 of 2019, under Sections 406, 420 I.P.C., registered at Police Station Wazirganj, District Gonda.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 17.01.2019 alleging that the applicant had taken Rs. 1 lakh through account transfer and Rs. 20,000/- in cash in the year 2017. The amount was transferred to the bank account of applicant's sister on 28.06.2017 from the account of the informant's elder brother. The F.I.R alleges that the applicant kept on deferring repayment of the money and ultimately on 18.05.2018, he threatened the informant to entangle him in some false case.

¶4In 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. The applicant was involved in another case bearing Case Crime No. 414 of 2017 under Section 304B, 498A I.P.C and Section 3/4 of Dowry Prohibition act, Police Station Wazirganj, District Gonda, in which the Investigation Officer has submitted a final report on 22.12.2017.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R alleges transfer of Rs. 1 lakh from the bank account of the informant's brother to the bank account of the applicant's sister on

28.06.2017, besides payment of some cash amount to the applicant; that the informant has prayed for refund of his money through the F.I.R, which relief is of civil nature and can only be claimed through a civil suit seeking decree of recovery of money and no civil proceedings have been initiated by the informant 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.

¶7In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicant-Anis Kumar 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;

¶8In default of any of the conditions mentioned above or it is found that applicant has obtained this order concealing any material facts, the Investigating Officer shall be at liberty to file appropriate application for vacation of this order. (Subhash Vidyarthi, J.) Order Date :- 18.10.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench