Allowed

Rajesh Kumar v. State of U.P.

Allahabad HC6 Feb 2020ABAIL/1118/2020

Case brief

AI extract

What is this about?

Honorable Court allowed the anticipatory bail application of the applicant who was arrested vide FIR regarding a fraud case. He is directed to furnish bond and ensure investigation conclusion within four months.

What did the court decide?

Anticipatory bail is allowed. Applicant is directed to produce certified copy of order to SSP/SP and investigation is directed to be concluded within four months.

Rajesh Kumar Vs State of U.P. — Cheating and Forgery | Allahabad HC (2020)

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Court No. - 66

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1118 of 2020

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Applicant :- Rajesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Shahanshah Khan Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard learned counsel for the applicant, learned A.G.A for the State and perused the first information report as well as rejection order.

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Learned counsel for the applicant submitted that according to prosecution, report has been lodged against vendor, vendee and marginal witness of sale transaction; it is stated that the applicant is marginal witness of sale deed executed by the vendor who was infact imposter of original title holder; it is argued that since the vendor is also the applicant's village there was nothing to doubt that he was impersonating true owner. The matter needs deeper and fairer investigation before any arrest should be given effect to. Therefore, the applicant may be enlarged on anticipatory bail.

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Learned A.G.A. has vehemently opposed the prayer for bail.

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Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.

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In the event of arrest of the applicant Rajesh Kumar involved in Case Crime No. 0014 of 2019, u/s 419, 420, 467, 468, 471 IPC, P.S. Kachhwan, District Mirzapur, shall be released on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the court concerned on the following conditions.

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1.that the applicant shall make himself available for interrogation by a police officer as and when required;

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2.that the applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence;

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3.that the applicant shall not leave India without the previous permission of the court;

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4.that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant;

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5.that the investigating officer is directed to conclude the investigation in the present case in accordance with law expeditiously, preferably, within a period of four months from the date of production of a certified copy of this order independently without being prejudiced by any observation made by this court while considering or deciding the present bail application of the applicant;

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6.that the applicant is directed to produce certified copy of this order before the SSP/SP concerned within 10 days from today, who shall ensure the compliance of the present order;

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7.that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;

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8.that the applicant shall not pressurize/ intimidate the prosecution witness;

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9.that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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10.that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;

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It is made clear that if the charge-sheet is submitted and cognizance is taken and matter is committed to the court of session, as the case may be, the trial court shall decide the trial preferably within a period of one year from the cognizance/ committal of the case to the Court of Sessions.

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In view of the aforesaid, the application for anticipatory bail is, accordingly, allowed.

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Order Date :- 6.2.2020 Dhirendra/

Rajesh Kumar v. State of U.P.

Case brief

What is this about?

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Rajesh Kumar v. State of U.P.

Case brief

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