Allowed

Bhayankar Singh v. State of U.P.

Allahabad HC23 Nov 2020ABAIL/7150/2020

Case brief

AI extract

What is this about?

This court allowed anticipatory bail to the applicant, Bhayankar Singh, facing charges of cheating and forgery. The judgment granted bail subject to specific conditions including surrendering a passport and appearing in court as fixed.

What did the court decide?

Anticipatory bail granted on personal bond with two sureties subject to specific conditions including passport surrender and court appearance.

Bhayankar Singh Vs State of U.P. — Anticipatory Bail | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7150 of 2020

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Applicant :- Bhayankar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned AGA.

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Order on Criminal Misc. Exemption Application

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This exemption application is allowed.

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Order on Criminal Misc. Anticipatory Bail Application

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The instant anticipatory bail application has been filed on behalf of the applicant, Bhayankar Singh, with a prayer to release him on bail in Case Crime No. 261 of 2018, under Sections 419, 420,467,468,471,504, 506 I.P.C., Police StationSaini, District- Kaushambi, during pendency of trial.

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The allegation against the applicant is that he was marginal witness of the fraudulent sale deed. Learned counsel for the applicant has submitted that applicant had duly testified to the dueexecution of documents and was not aware of the genuineness of the document. Applicant has definite apprehension of his arrest by the police.

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Learned A.G.A. has opposed the prayer of applicant for grant of anticipatory bail.

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Hence the applicant is directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex 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. The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as

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per the aforesaid judgment of the Apex Court.

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Without expressing any opinion on the merits of the case and considering the nature of accusations and his antecedents, the applicant is entitled to be released on anticipatory bail in this case.

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Let the applicant involved in the aforesaid crime be be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-

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The applicant shall not leave India during the currency of trial without prior permission from the concerned trial Court.

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The applicant shall surrender his passport, if any, to the concerned trial Court forthwith. His passport will remain in custody of the concerned trial Court.

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That 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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The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.

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In case, the applicant misuses the liberty of bail, the trial Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.

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The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause,

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then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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

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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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Order Date :- 23.11.2020 Atul kr. sri.

Bhayankar Singh v. State of U.P.

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Bhayankar Singh v. State of U.P.

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