Allowed

Preetam Singh v. State of U.P.

Allahabad HC19 Nov 2020ABAIL/7417/2020

Case brief

AI extract

What is this about?

In this anticipatory bail application, the High Court granted bail to the applicant alleged with cheating and forgery in a cooperative society case. The court relied on a Supreme Court decision and imposed standard conditions including personal bond, interrogation availability, and non-interference.

What did the court decide?

Release on anticipatory bail with personal bond of Rs.25,000/- and two sureties each of the like amount subject to specified conditions.

Preetam Singh Vs State of U.P. — Contract and Commercial Disputes | 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. - 7417 of 2020

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Applicant :- Preetam Singh Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Dwivedi,Ram Prakash Dwivedi 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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Perused the material on record.

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Order on Criminal Misc. Exemption Application 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 with a prayer to grant an anticipatory bail to the applicant, namely, Preetam Singh, in Case Crime No. 50 of 2018, under Sections 420,467,468,471,120-B I.P.C. , Police Station - Noida Sector,49, District - Gautam Budh Nagar.

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Applicant is alleged to be a general member of general body of a cooperative society.There is allegation of opening of fraudulent account in the bank against him.Learned counsel for the applicant has submitted that being general member he has no authority to open the account or withdraw the money from account of society.Applicant has been falsely implicated. The applicant has no criminal history to his credit. Applicant has definite apprehension of his arrest by the police.

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Learned AGA has opposed the prayer for anticipatory bail of the applicant.

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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 in this case for the limited period considering the exception

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considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98 .

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In the event of arrest of the applicant 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:-

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(i) The applicant shall make himself available for interrogation by a police officer 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 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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(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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(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.

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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, independently without being prejudiced by any observations 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 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.

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Order Date :- 19.11.2020 Atul kr. sri.

Preetam Singh v. State of U.P.

Case brief

What is this about?

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Preetam Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

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