Ravindra Maithani, J
1. Applicants Furkan and Indrish seek anticipatory bail in Case Crime No.0152 of 2023, under Sections 354, 420, 504, 506 IPC, Police Station Kashipur, District Udham Singh Nagar.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, the applicants introduced themselves as employees of a company and induced the informant and others to invest money assuring high returns, but, thereafter, neither the returns were paid nor the money was returned.
4. Learned counsel for the applicants would submit that, in fact, with regard to the same case, with similar allegations, earlier an FIR No.357 of 2021 was lodged at Police Station Kashipur, District Udham Singh Nagar, in which chargesheet has already been submitted and cognizance taken. He would submit that the instant FIR is, in fact, second FIR for similar offences, which is not maintainable in the eye of law.
5. Learned State Counsel admits that with regard to similar allegations, first FIR No.357 of 2021 was lodged at Police Station Kashipur, District Udham Singh Nagar
6. Both the FIRs have been placed for the perusal of the Court.
7. Having considered, this Court is of the view that this is a case, in which the applicants should be granted anticipatory bail. The instant anticipatory bail application deserves to be allowed.
8. The anticipatory bail application is allowed.
9. In the eventuality of arrest, the applicants shall be enlarged on bail on their furnishing a personal bond with two sureties, each in the like amount, by each one of them, to the satisfaction of the court concerned. In addition to it, the applicants shall also comply with the following conditions:-
(i) The applicants shall not approach any witness in any manner, whatsoever.
(ii) The applicants shall not leave the country without prior permission of the court concerned.
(iii) The applicants shall deposit their passports with the court concerned. The passports 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 court concerned.
(iv) The applicants shall also give an undertaking on (i), and (ii) above.
