MEENA YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Shiv Sagar Singh, learned counsel for the applicants and Sri B.A. Khan, learned A.G.A. for the State and perused the record.

(2.) These bail applications (under Section 438 Cr.P.C.) have been moved seeking bail in Case Crime No. 421 of 2013, under Sections 420 , 467 , 468 , 471 , 120B IPC and Section 13 of the P.C. Act, 1988 Police Station Kasna, District Gautam Budh Nagar, during the pendency of trial.

(3.) The submission made by the learned counsel for the applicants is that applicants have been falsely implicated. They are apprehending arrest in the above mentioned crime number. They have no criminal antecedents. The applicants were named in the F.I.R. The applicants are Director of the Company namely "Rajneesh Corporate Services Private Ltd." which engages in supply of man-power with few ancillary works such as civil construction which was incorporated on 9.8.2002 and has been running successfully since then and not a sham Company. There is not an iota of evidence to disclose that the applicants' Company is a sham Company by which it has caused huge financial and monitory loss to the Company. The Company has been under the credit facility system to the tune of Rs. 1,00,00,000/- sanctioned by the State Bank of Patiyala, now merged with S.B.I. since 1.4.2017. The police officials had started making fishing and roaving inquiries from the applicants, which led them to move a petition i.e. Crl. Misc. Writ Petition No. 17834 of 2018 seeking quashing of F.I.R. No. 421 of 2018, which was dismissed vide order dated 9.7.2018 of this Court. Police after investigation has submitted charge sheet bearing no. 291 of 2018 on 18.9.2018 in which names of applicants were not mentioned nor any evidence was found against them. The applicants were fully co-operating with the investigating agency but to their utter surprise, in a fraudulent manner, an application dated 7.1.2019 was moved before the Ld. Special Court, Anti-corruption, Meerut, for issuing non-bailable warrant against the applicants, which was allowed and non-bailable warrants were issued against the accused-applicants. Thereafter applicants resorted to seek protection from this Court by moving an Application u/s 482 Cr.P.C . No. 5286 of 2019 seeking quashing of the proceedings emanating from the F.I.R. No. 421 of 2018 dated 3.6.2018 which was disposed of providing liberty to the applicants to move a discharge application. In compliance with the said order dated 8.2.2019, a discharge application was moved despite names of the accused-applicants not being in F.I.R. or in charge sheet, therefore the same was dismissed on the ground that no discharge was possible against the applicants as no charge sheet had been submitted against them under Section 173(2) Cr.P.C. Thereafter, police officials started threatening the family members of the applicants since somewhere from October 2019 they were trying to force them to become prosecution witnesses which was opposed by the applicants and they sought remedy available under law of anticipatory bail under Section 438 Cr.P.C. directly before the High Court vide Crl. Misc. Anticipatory Bail Application Bearing No. 49061 of 2019 which was decided vide order dated 14.11.2019 stating that appropriate application for the said relief be moved before the Ld. Special Court, Anti-Corruption, Merrut, prior to moving the said application. In compliance with this Court's order dated 14.11.2019, the applicants moved an application under Section 438 Cr.P.C. before the Special Judge, Anti-corruption, Meerut on 22.11.2019 despite the fact that there was no charge sheet filed against them and even in second charge sheet dated 12.3.2019, names of the applicants were not there. Ld. Special Court was repeatedly requested to hear the matter on urgent basis as the police were harassing but the said court kept the matter pending and the said matter could be heard only on 27.11.2019 and the order was passed eight days thereafter rendering the purpose of moving the anticipatory bail application to be futile. All the accused-applicants, who have been charge sheeted, have been granted bail. The conduct of the police officials has created sufficient apprehension in the mind of the applicants that they might be arrested and be deprived of their personal liberty. There is no question of their absconding or tampering with the evidence. They were fully available at their residence to co-operate with the investigation and would cooperate undoubtedly, therefore applicants may be released on anticipatory bail. Two co-accused namely, Gaurav Kumar and Sanjeev Kumar have been granted bail by the co-ordinate Bench of this Court in Crl. Misc. Bail Application No. 9458 of 2019 and Crl. Misc. Bail Application No. 5072 of 2019 vide order dated 4.4.2019 and 12.3.2019 respectively.