High Court · 2025

1. Heard learned counsel for applicant and learned AGA for opposite party no.1- State. No one has put in appearance on behalf of opposite party no.2. Rejoinder afÏdavit filed today is taken on record.

2. This first anticipatory bail application has been filed with regard to Crime No.0283 of 2023, under Sections 120-B, 506, 471, 470, 468, 467, 420 & 406 IPC (Now BNS), registered at Police Station Vibhuti Khand, District Lucknow.

3. Earlier vide order dated 20.12.2024, interim protection has been granted to applicant in the following manner: "Heard learned counsel for 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. 0283 of 2023, under sections 120-B, 506, 471, 470, 468, 467, 420 & 406 of the I.P.C., Police Station-Vibhuti Khand, District-Lucknow. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated. He added that the applicant is not the Director of Rohtas Company and he is only the attorney holder and he has placed the deed, as was required in the terms and conditions of the attorney. He next added that the applicant is not the beneficiary and the amount, if any, as sale consideration, was incredited in the account of the company and the persons, who are the beneficiaries, are the Directors of the company. He also submits that the applicant is 74 years of age and he is cooperating in the investigation proceedings and he undertakes that he will not abscond from the investigation proceedings. Further submitted that since there is an acute 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 there are serious allegations against the applicant and as such, he is not entitled for any relief. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it a fit case for grant of interim anticipatory bail. Accordingly, till the next date of listing, the present applicant- Dilip Sabharwal, 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 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 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 the steps are taken, the ofÏce shall proceed accordingly. List/put up this matter in the week commencing 27-01- 2025. In the meantime, learned counsel for the State as well as opposite party no. 2 shall file their Counter AfÏdavits."

4. State counsel has failed to demonstrate from the counter afÏdavit that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on anticipatory bail after thorough 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 proceedings or otherwise any glaring fact which can adversely affect the merit of the case.

5. 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.

6. In view of the above, it is provided that in the event of arrest, the applicant- Dilip Sabharwal 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:- (i) that the applicant shall make himself/herself 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/her from disclosing such facts to the court or to any police ofÏcer or tamper with the evidence; (iii) that the applicant(s) shall not leave India without the previous permission of the court; (iv) that in case charge-sheet is submitted the applicant(s) shall not tamper with the evidence during the trial; (v) that the applicant(s) shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant(s) 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, benefit of this order would not be available to applicant(s)

7. The application stands allowed. Order Date :- 4.4.2025 Subodh/- SUBODH KUMAR SINGH SUBODH KUMAR SINGH High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench

1. Heard learned counsel for applicant and learned AGA for opposite party no.1- State. No one has put in appearance on behalf of opposite party no.2. Rejoinder afÏdavit filed today is taken on record.

2. This first anticipatory bail application has been filed with regard to Crime No.0283 of 2023, under Sections 120-B, 506, 471, 470, 468, 467, 420 & 406 IPC (Now BNS), registered at Police Station Vibhuti Khand, District Lucknow.

3. Earlier vide order dated 20.12.2024, interim protection has been granted to applicant in the following manner: "Heard learned counsel for 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. 0283 of 2023, under sections 120-B, 506, 471, 470, 468, 467, 420 & 406 of the I.P.C., Police Station-Vibhuti Khand, District-Lucknow. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated. He added that the applicant is not the Director of Rohtas Company and he is only the attorney holder and he has placed the deed, as was required in the terms and conditions of the attorney. He next added that the applicant is not the beneficiary and the amount, if any, as sale consideration, was incredited in the account of the company and the persons, who are the beneficiaries, are the Directors of the company. He also submits that the applicant is 74 years of age and he is cooperating in the investigation proceedings and he undertakes that he will not abscond from the investigation proceedings. Further submitted that since there is an acute 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 there are serious allegations against the applicant and as such, he is not entitled for any relief. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it a fit case for grant of interim anticipatory bail. Accordingly, till the next date of listing, the present applicant- Dilip Sabharwal, 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 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 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 the steps are taken, the ofÏce shall proceed accordingly. List/put up this matter in the week commencing 27-01- 2025. In the meantime, learned counsel for the State as well as opposite party no. 2 shall file their Counter AfÏdavits."

4. State counsel has failed to demonstrate from the counter afÏdavit that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on anticipatory bail after thorough 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 proceedings or otherwise any glaring fact which can adversely affect the merit of the case.

5. 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.

6. In view of the above, it is provided that in the event of arrest, the applicant- Dilip Sabharwal 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:- (i) that the applicant shall make himself/herself 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/her from disclosing such facts to the court or to any police ofÏcer or tamper with the evidence; (iii) that the applicant(s) shall not leave India without the previous permission of the court; (iv) that in case charge-sheet is submitted the applicant(s) shall not tamper with the evidence during the trial; (v) that the applicant(s) shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant(s) 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, benefit of this order would not be available to applicant(s)

7. The application stands allowed. Order Date :- 4.4.2025 Subodh/- SUBODH KUMAR SINGH SUBODH KUMAR SINGH High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench