Allowed

Khushal @ Khushahal v. State of U.P.

Allahabad HC18 Sept 2020ABAIL/6014/2020

Case brief

AI extract

What is this about?

Single judge ordered anticipatory bail for the applicant in a case alleging cheating and criminal breach of trust, noting no criminal antecedents and a delayed FIR filing. Bail granted upon furnishing of bond and sureties subject to specific conditions.

What did the court decide?

Anticipatory bail granted subject to personal bond of Rs. 25,000 with two sureties and compliance with conditions regarding interrogation, witness tampering, and exit from India.

Khushal @ Khushahal Vs State of U.P. — Anticipatory Bail | 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. - 6014 of 2020

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Applicant :- Khushal @ Khushahal Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Ramesh Sinha,J.

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Heard Sri S.K. Pandey, 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 F.I.R. of the present case was lodged after five days of the incident but no reasonable explanation has been given for the same. The applicant has been falsely implicated in the present case just for harassment, hence the applicant is entitled for grant of anticipatory bail. The applicant has no other reported criminal antecedent.

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Learned A.G.A. opposed the prayer for 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 Khusahal @ Khushalal involved in Case Crime No. 61 of 2020 under sections 420, 406 I.P.C., police station Gverdhan, District Mathura, 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 his 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:-

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(i) the applicant shall make himself available for interrogation by a police office 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 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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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. 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 before the concerned Court/Authority/Official.

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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. Order Date :- 18.9.2020 Shiraz

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Digitally signed by Justice Ramesh Sinha Date: 2020.09.18 16:57:13 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Khushal @ Khushahal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Khushal @ Khushahal v. State of U.P.

Case brief

What is this about?

What did the court decide?

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