Anand @ Anand Gupta v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2401 of 2023 Applicant :- Anand @ Anand Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Anamika Singh,Paritosh Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri paritosh Shukla, the learned counsel for the applicant, Sri Anurag Verma, the learned AGA-I for 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.111 of 2022, under Sections 420, 506 & 406 I.P.C., registered at Police Station Jethwara, District Pratapgarh.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 07.05.2022 against the applicant, his mother and his brother, alleging that the informant had purchased a shop in the name of his wife from the applicant in the year 2012. The relations between the applicant and the informant were very good and they had entered into an agreement of sale of some properties for Rs.42,50,000/- in the year 2016-17. The F.I.R. alleges that the informant has paid the entire amount but the applicant did not execute the sale deed of the properties in his favour.

¶4In the affidavit filed in support of the anticipatory bail-application it has been contended that the applicant is innocent, he has no criminal history and he has falsely been implicated in the present case.

¶5Co-accused Leelavati has already been granted anticipatory bail by means of an order dated 10.10.2023 passed by this Court in Criminal Misc. Anticipatory Bail Application No. 2215 of 2023.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the dispute predominantly is regarding non-refund of money in respect of which civil proceedings have already been initiated coupled with the fact that a co-accused has been granted anticipatory bail and 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.

¶7In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Anand @ Anand Gupta 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. Order Date :- 30.10.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench