Allowed

Devendra Kumar Dubey and 3 Others v. State of U.P. and Another

Allahabad HC22 Sept 2020ABAIL/718/2020

Case brief

AI extract

What is this about?

Court granted anticipatory bail to four applicants accused under IPC Sections 406 and 420, conditioned on their payment of outstanding dues to the informant within six months and compliance with other bail terms.

What did the court decide?

Release on anticipatory bail for six months by furnishing personal bonds of Rs. 25,000/- each with two sureties in the like amount.

Devendra Kumar Dubey and 3 Others Vs State of U.P… — 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. - 718 of 2020

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Applicant :- Devendra Kumar Dubey And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hitesh Pachori Counsel for Opposite Party :- G.A.,Shashi Kant Pandey

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Hon'ble Ramesh Sinha,J.

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Heard Sri Hitesh Pachori, learned counsel for the applicants, Sri Mahavir Singh, Advocate holding brief of Sri Shashi Kant Pandey, learned counsel for the complainant, Kumari 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 applicants that in compliance of the undertaking given by the applicants, which was considered by the Court while granting interim order on 4.2.2020, applicant had paid Rs.4,50,000/- out of Rs.14,50,000/- till date, but due to pandemic they could not pay the outstanding amount. He submits that applicants may be given further six months time to pay the rest amount.

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Learned counsel for the complainant opposed the prayer, but could not dispute the said fact that applicants had already paid Rs.4,50,000/-.

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Without expressing any opinion on the merits of the case and considering the facts of the case that applicants have given an undertaking before this Court that they will return the entire money to the informant of the case, the applicants are entitled to be released on anticipatory bail in this case.

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In the event of arrest of the applicants Devendra Kumar Dubey, Raj Kumar, Ram Kumar Dubey and Chandra Kant Dubey , involved in Case Crime No. 1180 of 2019, under sections 420, 406 IPC, P.S. Tajganj, Agra, they shall be released on anticipatory bail for a period of six months from today on furnishing personal bonds 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 applicants shall make themselves available for interrogation by a police officer as and when required;

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(ii) the applicants shall not directly or indirectly, make any

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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 officer;

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(iii) the applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them 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 applicants.

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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 six 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 applicants.

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The applicants are 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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It is directed that applicants will pay the rest of the amount within six months from today, as has been prayed by him, failing which, learned counsel for the complainant is at liberty to move appropriate application for recall of this 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.

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Order Date :- 22.9.2020 Tamang

Devendra Kumar Dubey and 3 Others v. State of U.P. and Another

Case brief

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Devendra Kumar Dubey and 3 Others v. State of U.P. and Another

Case brief

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