IMPORTANT POINT
Anticipatory bail granted under Section 41-A of the Cr.P.C. when the applicant is willing to cooperate with the investigation and is threatened with arrest.

JUDGMENT :

(Ravindra Maithani, J.)

Applicant seeks anticipatory bail in FIR No.126 of 2024, under Section 420 IPC, Police Station Lalkuan, District Nainital, Uttarakhand.

2. Heard learned counsel for the parties and perused the record.

3. According to the FIR, the applicant approached the informant for purchasing timber. The applicant gave Rs.2 lakh and two trucks timber was supplied to him. But, thereafter, payment was not made. The informant visited at the place of the applicant where, the FIR records that the applicant gave a cheque which was not duly filled up. Subsequently, the informant came to know that, in fact, GST of the applicant’s Company had already been cancelled on 19.03.2024 and his company had already been closed.

4. Learned counsel for the applicant would submit that the applicant is ready and willing to cooperate in the investigation. He was given a notice under Section 41-A of the Code of Criminal Procedure, 1973 (“Cr.P.C.”), but still the Investigating Officer is threatening to arrest him.

5. Learned State Counsel would submit that earlier applicant had filed WPCRL No.607 of 2024, in which, the Court had directed the Investigating Officer to follow the procedure as prescribed under Section 41-A of the Cr.P.C., but it is argued that despite notice, the applicant did not appear for recording his statement.

6. Learned counsel for the informant would submit that the applicant had cheated the informant and he has not been cooperating during investigation.

7. It is the stage of bail. Much of the discussion at this stage is not expected of. To the extent of appreciating the controversy, the matter may be examined with the caveat that any observation, made at this stage, shall have no bearing at any subsequent stage of the case.

8. Learned counsel for the applicant would submit that, in fact, when the Investigating Officer was told about the order passed in WPCRL no.607 of 2024, he threatened to arrest the father of the applicant.

9. Having considered the entirety of facts, this Court is of the view that it is a fit case for anticipatory bail. The instant anticipatory bail application deserves to be allowed.

10. The anticipatory bail application is allowed.

11. In the eventuality of arrest, the applicant shall be enlarged on anticipatory bail subject to his furnishing a personal bond with two sureties, each in the like amount, to the satisfaction of the Arresting Officer (“AO”). In addition to it, the applicant shall also comply with the following conditions:

(i) The applicant shall co-operate with the investigation.

(ii) He shall not approach any witness in any manner, whatsoever.

(iii) He shall not leave the country without prior permission of the concerned court.

(iv) The applicant shall deposit his passport with the AO. The passport may only be returned by the order of the court concerned. In case, the applicant does not have passport, he shall give an undertaking to that effect to the AO.

(v) The applicant shall also give an undertaking on (i), (ii) & (iii) above.