Sushila Aggarwal v. State

2. This first Anticipatory Bail Application has been filed with regard to FIR No.0186 of 2023, under Sections 420, 467, 468, 471 IPC, registered at Police Station Asoha, District Unnao.

3. As per contents of FIR, the applicant allegedly interpolated in the date of Solvency Certificate submitted by him in pursuance of tender being allotted in his favour. Rejoinder afÏdavit filed today is taken on record.

4. Earlier of this Court vide order dated 15.01.2025 has granted interim anticipatory bail to applicant. The order is as follows: "1. Heard Sri O.P. Tiwari, learned counsel for the applicant and Sri Hari Shankar Bajpai, learned AGA for the State.

2. Issue notice to opposite party no.2 returnable at an early date.

3. Steps within a week. OfÏce to proceed accordingly.

4. As per learned counsel for the applicant, the present applicant is apprehending his arrest in Case Crime/ FIR No.0186 of 2023, under Sections 420, 467, 468 & 471 IPC, Police Station- Asoha, District- Unnao.

5. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards Annexure No.4 of the application, which is an interim order dated 10.08.2023 passed by this Court in Criminal Misc. Writ Petition No.5859 of 2023 whereby arrest of the applicant was stayed till filing of the charge sheet. Pursuant to the aforesaid order, the present applicant participated in the investigation and now, charge sheet has been filed on 26.07.2024. The present applicant undertakes that he shall cooperate in the trial proceedings in the same manner as he has cooperated in the investigation, therefore, his liberty may be protected in view of the dictum of the Apex Court in re; Sushila Aggarwal Vs. State (NCT of Delhi) 2020 SCC Online SC 98. Further, the present applicant is having permanent address, therefore, there is no flight risk.

6. Learned AGA has opposed the aforesaid prayer but he could not controvert the aforesaid contentions of learned counsel for the applicant.

7. Therefore, without entering into merits of the issue; considering the arguments of learned counsel for the parties; the fact that arrest of the applicant was stayed by the Division Bench of this Court till filing of the charge sheet; pursuant to the aforesaid order, the present applicant participated in the investigation and now, charge sheet has been filed; undertaking of the applicant that he shall cooperate in the trial proceedings in the same manner as he has cooperated in the investigation and in view of the dictum of the Apex Court in re; Sushila Aggarwal (supra), I find it appropriate that liberty of the present applicant may be protected till the next date of listing.

8. Let counter afÏdavit be filed within a period of four weeks.

9. List in the week commencing 17.02.2025 within top ten cases.

10. Till the next date of listing, it is directed that in the event of arrest, applicant- Ramesh Kumar Yadav shall be released on interim anticipatory bail in the aforesaid case crime number on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the arresting authority/ court concerned with the following conditions:- I. that the applicant shall make himself available for interrogation by a police ofÏcer 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 ofÏcer or tamper with the evidence; III. that the applicant shall not leave India without the previous permission of the court; IV. that in default of any of the conditions mentioned above, the prosecution shall be at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicant; 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."

5. In pursuance thereof, learned AGA on the basis of instructions submits that subsequently applicant has participated in the investigation and charge- sheet has also been filed. It is however admitted that applicant does not have any previous criminal history.

6. Considering submissions advanced by learned counsel for parties and upon perusal of material available on record as well as the aspect that allegations levelled against applicant primarily appeared to be civil in nature although their criminality would be subject matter of evidence during trial, the interim anticipatory bail is granted vide order dated 15.01.2025 is hereby made absolute.

7. Without expressing any opinion on the merits of the case, I am of the opinion that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.

8. In view of the above, it is provided that in the event of arrest, the applicant- Ramesh Kumar Yadav shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction. of the arresting ofÏcer/investigating ofÏcer/S.H.O. concerned with the following conditions:- (1) 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 tamper with the evidence; (ii) The applicant shall not leave India without the previous permission of the court, (iii) The applicant shall not pressurize/ intimidate the prosecution witness; (iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.

9. The application stands allowed. Order Date :- 8.4.2025 Subodh/- SUBODH KUMAR SINGH SUBODH KUMAR SINGH High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench

2. This first Anticipatory Bail Application has been filed with regard to FIR No.0186 of 2023, under Sections 420, 467, 468, 471 IPC, registered at Police Station Asoha, District Unnao.

3. As per contents of FIR, the applicant allegedly interpolated in the date of Solvency Certificate submitted by him in pursuance of tender being allotted in his favour. Rejoinder afÏdavit filed today is taken on record.

4. Earlier of this Court vide order dated 15.01.2025 has granted interim anticipatory bail to applicant. The order is as follows: "1. Heard Sri O.P. Tiwari, learned counsel for the applicant and Sri Hari Shankar Bajpai, learned AGA for the State.

2. Issue notice to opposite party no.2 returnable at an early date.

3. Steps within a week. OfÏce to proceed accordingly.

4. As per learned counsel for the applicant, the present applicant is apprehending his arrest in Case Crime/ FIR No.0186 of 2023, under Sections 420, 467, 468 & 471 IPC, Police Station- Asoha, District- Unnao.

5. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards Annexure No.4 of the application, which is an interim order dated 10.08.2023 passed by this Court in Criminal Misc. Writ Petition No.5859 of 2023 whereby arrest of the applicant was stayed till filing of the charge sheet. Pursuant to the aforesaid order, the present applicant participated in the investigation and now, charge sheet has been filed on 26.07.2024. The present applicant undertakes that he shall cooperate in the trial proceedings in the same manner as he has cooperated in the investigation, therefore, his liberty may be protected in view of the dictum of the Apex Court in re; Sushila Aggarwal Vs. State (NCT of Delhi) 2020 SCC Online SC 98. Further, the present applicant is having permanent address, therefore, there is no flight risk.

6. Learned AGA has opposed the aforesaid prayer but he could not controvert the aforesaid contentions of learned counsel for the applicant.

7. Therefore, without entering into merits of the issue; considering the arguments of learned counsel for the parties; the fact that arrest of the applicant was stayed by the Division Bench of this Court till filing of the charge sheet; pursuant to the aforesaid order, the present applicant participated in the investigation and now, charge sheet has been filed; undertaking of the applicant that he shall cooperate in the trial proceedings in the same manner as he has cooperated in the investigation and in view of the dictum of the Apex Court in re; Sushila Aggarwal (supra), I find it appropriate that liberty of the present applicant may be protected till the next date of listing.

8. Let counter afÏdavit be filed within a period of four weeks.

9. List in the week commencing 17.02.2025 within top ten cases.

10. Till the next date of listing, it is directed that in the event of arrest, applicant- Ramesh Kumar Yadav shall be released on interim anticipatory bail in the aforesaid case crime number on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the arresting authority/ court concerned with the following conditions:- I. that the applicant shall make himself available for interrogation by a police ofÏcer 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 ofÏcer or tamper with the evidence; III. that the applicant shall not leave India without the previous permission of the court; IV. that in default of any of the conditions mentioned above, the prosecution shall be at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicant; 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."

5. In pursuance thereof, learned AGA on the basis of instructions submits that subsequently applicant has participated in the investigation and charge- sheet has also been filed. It is however admitted that applicant does not have any previous criminal history.

6. Considering submissions advanced by learned counsel for parties and upon perusal of material available on record as well as the aspect that allegations levelled against applicant primarily appeared to be civil in nature although their criminality would be subject matter of evidence during trial, the interim anticipatory bail is granted vide order dated 15.01.2025 is hereby made absolute.

7. Without expressing any opinion on the merits of the case, I am of the opinion that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.

8. In view of the above, it is provided that in the event of arrest, the applicant- Ramesh Kumar Yadav shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction. of the arresting ofÏcer/investigating ofÏcer/S.H.O. concerned with the following conditions:- (1) 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 tamper with the evidence; (ii) The applicant shall not leave India without the previous permission of the court, (iii) The applicant shall not pressurize/ intimidate the prosecution witness; (iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.

9. The application stands allowed. Order Date :- 8.4.2025 Subodh/- SUBODH KUMAR SINGH SUBODH KUMAR SINGH High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench