In this anticipatory bail application under S. 438 Cr.P.C., the court disposed of the matter based on an interim order dated 6.3.2020 which granted bail to the applicant in a cheating case where the applicant was faced with false implication.
Applicant shall be released on anticipatory bail in terms of order dated 6.3.2020 upon arrest.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 65
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1837 of 2020
Applicant :- Shiv Lal Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
"Heard Sri Anil Kumar Pandey, learned counsel for the applicant, and Sri A.R. Chaurasia, learned A.G.A. for the State and perused the record.
Sri Satyarth Anirudhha Pankaj, Senior Superintendent of Police, Prayagraj has appeared before the Court and has filed compliance affidavit, in paragraph no. 7 of which it has been stated by him that he has come to know about the lapse and enquiry has been ordered by him against those persons who have committed negligence and carelessness and he has assured that he will take strict action against the persons who are responsible. Presence of the SSP, Prayagraj is discharged.
This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 798 of 2019 under sections 419, 420, 467, 468, 471, 406 of I.P.C., Police Station Meja, District Prayagraj, during the pendency of the investigation.
Submission made by the learned counsel for the applicant is that the applicant has been falsely implicated as no role has been assigned to him in the FIR. The main role has been assigned to co-accused Ashutosh Tiwari, who is stated to have drawn the money from the account of the beneficiary/recipient of the loan amount, which were granted to the ladies of the village for the purpose of self employment. The co-accused Babulesh is alleged to have got Rs.3,000/- for getting the account opened and this fact was revealed by the accused-applicant . He has no criminal history. He has apprehension of imminent arrest. If released on bail he would not misuse the liberty and would co-operate with the investigation.
Learned A.G.A. has vehemently opposed the prayer for granting bail but could not controvert the aforesaid fact.
Looking to the aforesaid fact, taking into consideration the gravity of accusation, there being no criminal antecedents of the applicant and there being no possibility of his fleeing from justice, without expressing any opinion on the merits of the case, the applicant is entitled to be released on anticipatory bail in this case.
Learned A.G.A. prays for and is granted four weeks time to file counter affidavit.
List this case on 27.4.2020 .
In the event of arrest of the applicant Shiv Lal involved in the aforesaid case shall be released on interim anticipatory bail on his furnishing a personal bond of Rs.50,000/with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions.
1) that the applicant shall make himself available for interrogation by a police officer as and when required;
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;
3) that the applicant shall not leave India without the previous permission of the court;
4) that in default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant."
Order Date :- 22.10.2020 Prakhar
2 issues framed by the court
Whether the applicant entitled to anticipatory bail in the CT (Crime) No. 798 of 2019 involving offences under Sections 419 420 467 468 471 406 of I.P.C.
Whether conditions sufficient to release applicant on bail in false implication case.
1 provisions across 1 enactments
Shiv Lal
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
