Rahul Awasthi v. State of U.P. Thru. Secy. Home Deptt

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2704 of 2023 Applicant :- Rahul Awasthi Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Counsel for Applicant :- Dinesh Kr. Sharma,Arshad Hafeez Khan Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Arshad Hafeez Khan, 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.936 of 2023, under Sections 419, 420, 468, 471 I.P.C., registered at Police Station Kotwali Sadar, District Lakhimpur Kheri.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.09.2023 against 3 persons, including the applicant, stating that the informant is Accountant of a Firm, which is engaged in wholesale and commission agent for sale of sugar. The aforesaid Firm had entered into an oral agreement to sell 300 quintal sugar to a Firm and it booked a truck through the applicant's transport company for transporting sugar to the firm. The informant alleged that the applicant had provided a bill and bilty in respect of the good to be transported to another firm. The informant has alleged that the applicant had sold away the sugar to another firm, in collusion with the other co-accused persons on the strength of fake documents.

¶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.

¶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 besides the oral statement of the informant there is no other materiel to support the allegation; that as per the FIR even an agreement for sale of sugar worth more than 11 lakh were made orally and the applicant claims that he has not received any amount out of alleged offending commission 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-Rahul Awasthi 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 :- 24.11.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench