High Court

Heard Ms. Harshita Awasthi, Advocate holding brief of Ms. Ranjana Agnihotri, learned counsel for the applicant as well as learned A.G.A. State and perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicant- Anand Kumar @ Anand Kumar Sharma on anticipatory bail in F.I.R./Case Crime No. 0345 of 2024, under Sections 419, 420, 406, 467, 468, 471, 504, 506 I.P.C., Police Station Gosainganj, District Lucknow. From perusal of the order sheet, it appears that on 26.11.2024, the following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 0345 of 2024, under sections 419, 420, 406, 467, 468, 471, 504 and 506 of the IPC, Police Station- Gosaiganj, District-Lucknow. Contention of learned counsel for the applicant is that as per the prosecution story, the applicant including the other co- accused persons have committed cheat and fraud by way of executing a sale deed in favour of the purchaser as the plot has shown otherwise and the possession of the other plot was given and the ownership of the said plot was not with the company in question. He added that the story is otherwise, and the applicant has no concern after the year 2017 with the company itself as he had resigned from the post of Director vide resignation letter dated 17.08.2017, which was intimated on the same day. The applicant also submits Form No. DIR-11 to the Registrar of Companies. Adding his arguments, he submits that the applicant is neither vendor nor vendee or a marginal witness of the registered sale deed in question and the role, which has been assigned to the present applicant is that he was present at the time of registration of the sale deed, thus, there is no criminal intent of the applicant to commit any offence. He next submits that there is no ample evidence against the applicant so as to connect him in the instant matter and he has also shown the other falsity in the story of the prosecution and submitted that the applicant has no previous criminal history and he is cooperating with the investigation proceedings and he undertakes that he will always cooperate with the investigation proceedings and would also cooperate with the trial proceedings as well. He submits that the identically situated co-accused person has already been enlarged on anticipatory bail in Criminal Misc. Anticipatory Bail Application under section 482 BNSS No. 2519 of 2024 vide order dated 12.11.2024. He also submits that since there is an apprehension that the police will arrest the present applicant and therefore, he may be enlarged on anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the applicant is named in the first information report and the matter pertains to the Economic Offences matter. Further added that the applicant was the Director of the company in question and as such, he is involved in committing offence and he is not entitled for any relief. Considering the aforesaid facts and circumstances of the case and after perusal of the record, it transpires that the applicant had resigned from the post of Director on 17.08.2017 from the company in question. This court has also taken note of the fact that the applicant is neither seller, nor purchaser nor he is a marginal witness of the land in question and the only role assigned to the present applicant is that he was present at the time of registration of the sale deed. Further,the applicant has undertaken that he will not abscond from the any proceeding of the investigation as well of the trial and there is no previous criminal antecedent of the applicant. Considering all over facts and circumstances of the case, this court finds it a fit case for grant of interim anticipatory bail. Accordingly, till the next date of listing, the present applicant- Anand Kumar @ Anand Kumar Sharma, shall be released forthwith, in case of his arrest, in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing a personal bond and two solvent 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 them 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 chargesheet is submitted the applicants 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. List/put up this matter in the week commencing 13.01.2025. In the meantime, learned counsel for the State shall file counter affidavit." From perusal of the order dated 26.11.2024, it transpires that learned State Counsel was directed to file counter affidavit but the same has not been filed as yet. Learned State Counsel has failed to demonstrate that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on an interim anticipatory bail after thoroughly considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceeding or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Anand Kumar @ Anand Kumar Sharma till disposal of the trial subject to 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 the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this interim protection. Order Date :- 27.1.2025 Praveen

Heard Ms. Harshita Awasthi, Advocate holding brief of Ms. Ranjana Agnihotri, learned counsel for the applicant as well as learned A.G.A. State and perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicant- Anand Kumar @ Anand Kumar Sharma on anticipatory bail in F.I.R./Case Crime No. 0345 of 2024, under Sections 419, 420, 406, 467, 468, 471, 504, 506 I.P.C., Police Station Gosainganj, District Lucknow. From perusal of the order sheet, it appears that on 26.11.2024, the following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 0345 of 2024, under sections 419, 420, 406, 467, 468, 471, 504 and 506 of the IPC, Police Station- Gosaiganj, District-Lucknow. Contention of learned counsel for the applicant is that as per the prosecution story, the applicant including the other co- accused persons have committed cheat and fraud by way of executing a sale deed in favour of the purchaser as the plot has shown otherwise and the possession of the other plot was given and the ownership of the said plot was not with the company in question. He added that the story is otherwise, and the applicant has no concern after the year 2017 with the company itself as he had resigned from the post of Director vide resignation letter dated 17.08.2017, which was intimated on the same day. The applicant also submits Form No. DIR-11 to the Registrar of Companies. Adding his arguments, he submits that the applicant is neither vendor nor vendee or a marginal witness of the registered sale deed in question and the role, which has been assigned to the present applicant is that he was present at the time of registration of the sale deed, thus, there is no criminal intent of the applicant to commit any offence. He next submits that there is no ample evidence against the applicant so as to connect him in the instant matter and he has also shown the other falsity in the story of the prosecution and submitted that the applicant has no previous criminal history and he is cooperating with the investigation proceedings and he undertakes that he will always cooperate with the investigation proceedings and would also cooperate with the trial proceedings as well. He submits that the identically situated co-accused person has already been enlarged on anticipatory bail in Criminal Misc. Anticipatory Bail Application under section 482 BNSS No. 2519 of 2024 vide order dated 12.11.2024. He also submits that since there is an apprehension that the police will arrest the present applicant and therefore, he may be enlarged on anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the applicant is named in the first information report and the matter pertains to the Economic Offences matter. Further added that the applicant was the Director of the company in question and as such, he is involved in committing offence and he is not entitled for any relief. Considering the aforesaid facts and circumstances of the case and after perusal of the record, it transpires that the applicant had resigned from the post of Director on 17.08.2017 from the company in question. This court has also taken note of the fact that the applicant is neither seller, nor purchaser nor he is a marginal witness of the land in question and the only role assigned to the present applicant is that he was present at the time of registration of the sale deed. Further,the applicant has undertaken that he will not abscond from the any proceeding of the investigation as well of the trial and there is no previous criminal antecedent of the applicant. Considering all over facts and circumstances of the case, this court finds it a fit case for grant of interim anticipatory bail. Accordingly, till the next date of listing, the present applicant- Anand Kumar @ Anand Kumar Sharma, shall be released forthwith, in case of his arrest, in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing a personal bond and two solvent 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 them 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 chargesheet is submitted the applicants 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. List/put up this matter in the week commencing 13.01.2025. In the meantime, learned counsel for the State shall file counter affidavit." From perusal of the order dated 26.11.2024, it transpires that learned State Counsel was directed to file counter affidavit but the same has not been filed as yet. Learned State Counsel has failed to demonstrate that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on an interim anticipatory bail after thoroughly considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceeding or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Anand Kumar @ Anand Kumar Sharma till disposal of the trial subject to 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 the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this interim protection. Order Date :- 27.1.2025 Praveen