This court granted limited anticipatory bail to the applicant in a cheating and forgery case pending at Ghaziabad until the submission of a police report under Section 173(2) Cr.P.C., subject to specific bonds and conditions.
Anticipatory bail granted till the submission of police report under Section 173(2) Cr.P.C. on bond of Rs. 25,000 with two sureties.
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Court No. - 70
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4596 of 2020
Applicant :- Avdhesh Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The instant anticipatory bail application has been filed on behalf of the applicant, Avdhesh Nishad, with a prayer to release him on bail in Case Crime No. 76 of 2019, under Sections- 419, 420, 406, 506, 467, 468, 471 I.P.C., Police Station- Shahpur, District- Gorakhpur.
The contention of the learned counsel for the applicant is that the incident reported was of the year 2014 and the First Information Report has been lodged in the month of February, 2019. Learned counsel for the applicant submits that the applicant had always participated in the investigation and no charge sheet has been submitted till date. The applicant has definite apprehension that he may be arrested by the police any time.
Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant.
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 for limited period in this case considering the exceptions considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and order dated 22.05.2020 passed by this Court in Criminal Misc. Anticipatory Bail Application No. 2609 of 2020.
In the event of arrest of the applicant, 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 conditions:-
(i) The applicant shall make himself available for interrogation by the police officer as and when required;
(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;
(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;
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad;
(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.
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.
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.
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.
Order Date :- 3.12.2020 KS
Digitally signed by JUSTICE SIDDHARTH Date: 2020.12.04 18:36:54 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to anticipatory bail in proceedings under Sections 419, 420, 406, 506, 467, 468, 471 I.P.C.
Colour shows how this judgement treated each authority
Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 · Who else cites this
2 provisions across 1 enactments
Avdhesh Nishad
State of U.P.
Siddharth
As recorded by the court registry
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