Ravindra Maithani, J
1. Applicants seek anticipatory bail in FIR/Case Crime No. 300 of 2024, under Sections 420, 467, 468, 471, 506 IPC, Police Station Sitarganj, District Udham Singh Nagar.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, the husband of the informant was working with the applicants. The applicants took the husband of the informant in confidence and got bank accounts of the informant and all the family members opened in Union Bank of India, Sitarganj. The applicants kept the passbooks with them. Huge transactions were done in those bank accounts without any knowledge and notice to the informant and other family members. Cheques were also utilized. In fact, the FIR records that in the name of financial assistance, signatures of the informant and her family members were obtained.
4. Learned counsel for the applicants would submit that it is not a case of forgery at all. The bank accounts were connected with mobile numbers of the account holders. Any transaction made, immediately comes into the notice of the account holder that is what has been done in the case. The accounts were opened by the informant and others. He would submit that if huge transactions were done that does not fall within the category of forgery. It may have any financial implication, which is not related to the instant case. He would submit that as per objections filed by the State, the Investigating Officer is yet to receive the documents from the bank to ascertain as to whether any forgery was done or not. Therefore, it is argued that it is a case fit for bail.
5. Learned State counsel would submit that the witnesses have supported the prosecution case during investigation. He admits that Investigating Officer has sought documents from the bank, which are yet to be examined.
6. Having considered the entirety of facts, this Court is of the view that this is a case fit for anticipatory bail.
7. The anticipatory bail application is allowed.
8. In the eventuality of arrest, the applicants shall be enlarged on anticipatory bail subject to their furnishing a personal bond with two sureties by each one of them, each in the like amount, to the satisfaction of the Arresting Officer (“AO”). In addition to it, the applicants shall also comply with the following conditions:
(i) The applicants shall co-operate with the investigation.
(ii) The applicants shall not approach any witness in any manner, whatsoever.
(iii) The applicants shall not leave the country without prior permission of the concerned court.
(iv) The applicants shall deposit their passport with the AO. The passport may only be returned by the order of the court concerned. In case the applicants do not have passport, they shall give an undertaking to that effect to the AO.
(v) The applicants shall also give an undertaking on (i), (ii) & (iii) above.
