NARESH AGGARWALA Vs. STATE OF U.P.

JUDGEMENT

(1.) This bail application of Naresh Aggarwala, in Case Crime No. 1450 of 2019, under Sections 420, 409, 467, 468, 471, 504, 506 and 120-B IPC, Police Station Phase-III, District Gautam Budh Nagar, has been listed at Sr. No. 1 of today's Additional Cause List, for hearing, in compliance of direction of Hon'ble Apex Court, given on an application moved before the Hon'ble Apex Court for expediting disposal of this bail application. Wherein Hon'ble Apex Court has written that bail application was filed on 7th January, 2020, and had been listed on multiple dates until 16th June, 2021, but has not proceeded on merit and a direction to the Registrar General of this Court was passed to post above bail application as Item No. 1 on 12th July, 2021 before the concerned Bench, so as to ensure that the matter sees the light of the day and is dealt with appropriately on judicial side.

(2.) It is being placed on record that this application was never moved on 7th January, 2020. Rather, this application is No. 3965 of 2021 and it was moved on 6th January, 2021 and since then at no point of time, it was listed before this Court which is deciding this bail application on today. It was listed before other co-ordinate Bench, but there was non disposal, because of absence of both sides on 10.3.2021, time to informant for filing counter and time taken by applicant himself. But, however, it is not concerned with disposal, but the factual situation is above that bail application was filed in office on 6th January, 2021 and it was directed to be decided at an earliest, but because of time taken either by informant or applicant this cannot be heard, but before the Hon'ble Apex Court, it was said that bail application was filed on 7th January, 2020 and for all those 1- 1/2 years, this could not be decided, it is against the fact.

(3.) Today, learned counsel for the applicant mentioned that a supplementary counter affidavit has been filed on WhatsApp message by informant and the same is not on record. It is deliberate, to get direction of Hon'ble Apex Court disobeyed. But learned counsel for the informant vehemently opposed with this contention that in a proceeding before Hon'ble Apex Court Informant was not heard. Informant was not aware of this direction of Hon'ble Apex Court, but as in bail application affidavit filed in support of it in Para 50, it was said that applicant Naresh Aggarwala is of no criminal antecedents and it was vehemently opposed by informant in his counter affidavit at Para 50 that the contention of Naresh Aggarwala is apparently incorrect. He is of criminal antecedents of many cases and this false contention on oath is an offence of perjury, it be treated so. Again a rejoinder affidavit was filed and criminal antecedent was denied. But specifically criminal antecedents of 17 cases of applicant came in notice and those offences are of like nature. Hence, the same has been filed by way of WhatsApp, served to learned counsel for the applicant and if time be given, it shall be filed in the office of this Court, from where it shall be kept on record. But as there is direction by Hon'ble Apex Court for hearing of this bail application on today, hence, he is ready to argue. But the contention of bail application and affidavit filed in support of it, opposed in counter affidavit is being further reiterated that there is 17 cases of criminal antecedents of financial siphoning, perjury, fraud and deceit, committed by applicant Naresh Aggarwala.