High Court · 2025

Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record. This is the second bail application, which has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in Case Crime No.345 of 2024, under Sections 409, 419, 420, 467, 468, 471, 504, 506 I.P.C., P.S. 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 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. Having heard the learned counsel for the parties and after perusal of 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 the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a case of bail. Let the applicant Ankit Khare involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; (3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and (4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 30.1.2025 Ram Murti RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench

Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record. This is the second bail application, which has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in Case Crime No.345 of 2024, under Sections 409, 419, 420, 467, 468, 471, 504, 506 I.P.C., P.S. 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 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. Having heard the learned counsel for the parties and after perusal of 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 the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a case of bail. Let the applicant Ankit Khare involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; (3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and (4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 30.1.2025 Ram Murti RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench