The High Court of Allahabad Criminal Bench rejected an anticipatory bail application under Section 438 Cr.P.C. because the facts prima facie indicated falsity in the power of attorney execution since the alleged executor had died before the document's date.
The application under Section 438 Cr.P.C. was rejected; anticipatory bail was not granted.
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Court No. - 81
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5615 of 2020
Applicant :- Vinod Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Anshul Kumar Singhal Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record.
The instant application has been moved seeking anticipatory bail in light of the apprehension of the arrest of the applicant in Case Crime No.586 of 2019, under Sections 471, 468, 467, 420 I.P.C., Police Station Noida Sector 39, District Gautam Budh Nagar.
The Court finds no ground to accord the facility of anticipatory bail to the applicant bearing in mind the fact that undisputedly the alleged executor of the power of attorney had died prior to its date of execution.
The application stands rejected.
Order Date :- 6.10.2020 Vivek Kr.
1 issue framed by the court
Whether anticipatory bail is warranted given that the alleged executor of the power of attorney died prior to the document's date of execution.
Colour shows how this judgement treated each authority
N/AReferred
2 provisions across 2 enactments
Vinod Chauhan
Yashwant Varma
As recorded by the court registry
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