Brij Bihari Singh Vs State of U.P.

Court No. - 70

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2106 of 2020

Applicant :- Brij Bihari Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A.,Sudhakar Pandey

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Hon'ble Siddharth,J.

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List has been revised. None appears on behalf of the informant.

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Heard learned counsel for the applicant and learned AGA.

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Perused the material on record.

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The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant, namely, Brij Bihari Singh, in Case Crime No. 16 of 2020, under Sections 420,406 I.P.C. , Police Station - Reoti District - Ballia.

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There is allegation against the applicant that he was operating customer service center of S.B.I.. and he is alleged to have withdrawn Rs.1,22,000/- from the account of the custmoer.This court vide order dated 7.7.2020 granted time to the learned counsel for the informant to file counter affidavit as yet no response has been received. The applicant has no criminal history to his credit. Applicant has definite apprehension of his arrest by the police.

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Learned AGA has opposed the prayer for anticipatory bail of the applicant.

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Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98 .

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In the event of arrest of the applicant shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on 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:-

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(i) The applicant shall make himself available for interrogation

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by a police officer as and when required;

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(ii) 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 from disclosing such facts to the Court or to any police office;

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(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.

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(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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The Investigating Officer is directed to conclude the investigation of the present case in accordance with law, expeditiously, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant is directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

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Order Date :- 25.11.2020

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Atul kr. sri.

Brij Bihari Singh v. State of U.P.

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Brij Bihari Singh v. State of U.P.

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