High Court
Case Details
Acts & Sections
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 335 of 2024, under sections 419,420,467,468,471,506 of IPC P.S.- Hargaon, District- Sitapur. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive.He further submits that the allegation against the applicant is that he has misappropriate the amount by committing cheating and fraud while granting the loan to the opposite party no.2/informant. He added that in fact, as per the terms and conditions of the Scheme, the grant of amount directly goes in the account of the traders and not to the beneficiary or anyone else and this is not the case where any amount has been reflected in the account of the applicant and no encashment could be done, so far as the Scheme is concerned. He also submits that due to misconception, the FIR has been lodged and the applicant is always ready to cooperate with the investigation proceedings. He also submits that there is apprehension that the applicant will be arrested by the police and thus, submission is that the the applicant may be granted anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that there is a specific allegation against the applicant including the other co-accused persons and in collusion with them, the applicant has misappropriated the amount by committing fraud and thus, the applicant is not entitled to be released on anticipatory bail. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Devesh Tiwari shall be released forthwith, in case of his arrest in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing 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 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 in case chargesheet is submitted the applicant 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. Let notice be issued to opposite party no. 2, returnable at an early date. Steps be taken within a week. If steps are taken, office shall proceed accordingly. List/put up this matter in the 3rd week of January, 2025. In the meantime, the State as well as opposite party no. 2 may file their counter affidavits." learned counsel From perusal of the order dated 10.12.2024, it transpires that for the complainant as well as learned State counsel have 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 thorough considering the merits of the case. The learned counsel for the State has also failed to substantiate that the present applicant is not cooperating with the investigation proceedings. Learned counsel for the State has also informed that the investigation is still going on and the chargesheet will be filed very soon in the matter. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Devesh Tiwari till filing of the chargesheet 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) pressurize/intimidate the prosecution witness. the applicant In case of default, it would be open for the Investigating Agency to move application for vacation of this protection. Order Date :- 27.2.2025 AKS
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 335 of 2024, under sections 419,420,467,468,471,506 of IPC P.S.- Hargaon, District- Sitapur. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive.He further submits that the allegation against the applicant is that he has misappropriate the amount by committing cheating and fraud while granting the loan to the opposite party no.2/informant. He added that in fact, as per the terms and conditions of the Scheme, the grant of amount directly goes in the account of the traders and not to the beneficiary or anyone else and this is not the case where any amount has been reflected in the account of the applicant and no encashment could be done, so far as the Scheme is concerned. He also submits that due to misconception, the FIR has been lodged and the applicant is always ready to cooperate with the investigation proceedings. He also submits that there is apprehension that the applicant will be arrested by the police and thus, submission is that the the applicant may be granted anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that there is a specific allegation against the applicant including the other co-accused persons and in collusion with them, the applicant has misappropriated the amount by committing fraud and thus, the applicant is not entitled to be released on anticipatory bail. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Devesh Tiwari shall be released forthwith, in case of his arrest in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing 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 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 in case chargesheet is submitted the applicant 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. Let notice be issued to opposite party no. 2, returnable at an early date. Steps be taken within a week. If steps are taken, office shall proceed accordingly. List/put up this matter in the 3rd week of January, 2025. In the meantime, the State as well as opposite party no. 2 may file their counter affidavits." learned counsel From perusal of the order dated 10.12.2024, it transpires that for the complainant as well as learned State counsel have 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 thorough considering the merits of the case. The learned counsel for the State has also failed to substantiate that the present applicant is not cooperating with the investigation proceedings. Learned counsel for the State has also informed that the investigation is still going on and the chargesheet will be filed very soon in the matter. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Devesh Tiwari till filing of the chargesheet 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) pressurize/intimidate the prosecution witness. the applicant In case of default, it would be open for the Investigating Agency to move application for vacation of this protection. Order Date :- 27.2.2025 AKS