The Allahabad High Court has conditionally approved the anticipatory bail of the accused in the case registered on the charge of cheque dishonor at Vijay Nagar police station in Ghaziabad.
A Single Bench of Justice Shekhar Kumar Yadav passed this order while hearing a Criminal Misc Anticipatory Bail Application filed by Aashish Singh Rajpoot.
The anticipatory bail application (under section 438 Cr.P.C) has been moved seeking bail in Complaint Case under Section 406 I.P.C, P.S- VIjay Nagar, District- Ghaziabad.
Counsel for the applicants submitted that the applicant has been falsely implicated in the case.
He submitted that there is dispute between tenant and landlord regarding maintenance of society and applicant has issued cheques in favour of society which was dishonored due to insufficient balance.
He further submitted that the complainant/opposite party no 2 has no grievance and if the complainant has any grievance, he should file a case under Section 138 NI Act. The complainant has no locus to file the present complaint.
Counsel for the applicant also submitted that the applicant has apprehension of imminent arrest and in case, applicant is released on anticipatory bail, he will not misuse the liberty and would cooperate with the trial.
S.K Tiwari, counsel for the opposite party no 2 has vehemently opposed the prayer for anticipatory bail of the applicant.
“Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, he is directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs State (NCT of Delhi)- 2020 SCC Online SC 98. The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court”, the Court observed while allowing the anticipatory bail.
The Court ordered that,
Let the applicant- Aashish Singh Rajpoot, involved in the aforesaid case crime be released on anticipatory bail on furnishing a personal bond of Rs 50,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
(i) The applicant shall cooperate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation.
(ii) 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.
(iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
(iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.
(v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
(vi) In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
(vii) 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.
If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file an appropriate application for cancellation of anticipatory bail granted to the applicant.