Allowed

Rohit Gaur v. State of U.P. and Another

Allahabad HC10 Jul 2020ABAIL/4112/2020

Case brief

AI extract

What is this about?

This Court granted anticipatory bail to the applicant in a cheating and forgery case, directing his release on furnishing a bond and personal sureties with standard conditions regarding interrogation and travel.

What did the court decide?

Anticipatory bail granted on personal bond of Rs. 25,000 with two sureties; release on arrest until submission of police report; standard conditions imposed.

Rohit Gaur Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2020)

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Court No. - 1

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4112 of 2020 Applicant :- Rohit Gaur Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinayak Mithal,Anurag Khanna (Senior Adv.) Counsel for Opposite Party :- G.A. Hon'ble Ramesh Sinha,J.

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Heard Sri Anurag Khanna, learned Senior Advocate, assisted by Sri Vinayak Mithal, learned counsel for the applicant, Km. Meena, learned A.G.A. appearing for the State and perused the record.

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It has been contended by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case with malafide intention for the purpose of harassment.. He further submits that the dispute between the parties, if any, is purely civil in nature and arbitration proceedings is still pending between the parties. Moreover, coaccused, namely, Boopathy K. has already been granted anticipatory bail by a Coordinate Bench of this Court on 19.6.2020 in Crl. Misc. Anticipatory Bail Application No.2903 of 2020, copy of which is annexed as Annexure-13 (at page-154 & 155) to the affidavit filed in support of the anticipatory bail application and the co-accused Anil Mishra has been granted interim relief by a Coordinate Bench of this Court on 9.7.2020 in Crl. Misc. Anticipatory Bail Application No.4035 of 2020 in which learned AGA is directed to file counter affidavit. The applicant has no other reported criminal antecedents, the said fact has been mentioned in paragraph no.70 of the affidavit filed in support of the anticipatory bail application.

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Learned A.G.A. opposed the prayer for anticipatory bail.

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Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has 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- Rohit Gaur involved in Case Crime No.2724 of 2018, under Sections 420, 406, 467, 468, 471 & 120B I.P.C., P.S. Indirapuram, District Ghaziabad, he 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. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following

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conditions:-

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(i) the applicant shall make himself available for interrogation 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 him from disclosing such facts to the Court or to any police officer;

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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./competent Court concerned.

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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 preferably within a period of three months from the date of production of a copy of this order independently without being prejudice by any observation 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 before the S.S.P./S.P./competent Court concerned within ten days from today, who shall ensure the compliance of present order.

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The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.

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The concerned Court/Authority/Official shall verify the authenticity of the 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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Order Date :- 10.7.2020/NS

Rohit Gaur v. State of U.P. and Another

Case brief

What is this about?

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Rohit Gaur v. State of U.P. and Another

Case brief

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