Allowed¶10

Sanjay Kumar v. State of U.P.

Allahabad HC24 Nov 2020ABAIL/7699/2020

Case brief

AI extract

What is this about?

Anticipatory bail; Section 438 Cr.P.C.; Sections 420, 406, 409 IPC; parity with co-accused Arvind Kumar Singh; Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC Online SC 98; limited-period anticipatory bail till police report under Section 173(2) Cr.P.C.; personal bond Rs.50,000 with two sureties; bail conditions and cancellation on default; Case Crime No. 338 of 2019; Police Station Koraon, District Prayagraj; High Court Allahabad; Siddharth, J.; order date 24.11.2020; Anticipatory Bail Application No. 7699 of 2020.

What did the court decide?

Anticipatory bail till submission of the police report under section 173(2) Cr.P.C., on a personal bond of Rs.50,000/- with two sureties each in the like amount, subject to the stated conditions (availability for interrogation, no inducement/threat, no leaving India without permission, passport deposit).

Sanjay Kumar Vs State of U.P. — Cheating and Forgery | Allahabad HC (2020)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant Sanjay Kumar is entitled to anticipatory bail under Section 438 Cr.P.C. in Case Crime No. 338 of 2019 (sections 420, 406, 409 I.P.C., Police Station Koraon, District Prayagraj). +1 more

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Court's answer

Without expressing any opinion on the merits of the case, and considering the nature of accusation and the applicant's antecedents, the applicant is entitled to be released on anticipatory bail for a limited period, considering the exceptions noted by the Hon'ble Supreme Court in Sushila Aggarwal vs. State (NCT of Delhi) and this Court's order dated 22.05.2020 in Anticipatory Bail Application No.2609 of 2020.

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Ratio / Principle

In the event of arrest, the applicant shall be released on anticipatory bail till the submission of the police report, if any, under section 173(2) Cr.P.C. before the competent Court, on furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer.

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Key takeaways

The anticipatory bail is subject to conditions: the applicant shall remain available for interrogation; shall not directly or indirectly induce, threaten or promise any person acquainted with the facts so as to dissuade disclosure; shall not leave India without previous permission of the Court and shall deposit any passport with the S.S.P./S.P. concerned; in default of any condition, the Investigating Officer may apply for cancellation of the anticipatory bail.ratio¶17
Anticipatory bail was granted on the ground of parity: the learned AGA opposed the prayer but did not dispute the claim of parity with co-accused Arvind Kumar Singh, who had been granted anticipatory bail by this Court on 21.9.2020.ratio¶8

Detailed headnote1 paragraphs

Allahabad High Court (Siddharth, J.), by order dated 24.11.2020, allowed the anticipatory bail application under Section 438 Cr.P.C. of Sanjay Kumar in Case Crime No. 338 of 2019 (Sections 420, 406, 409 I.P.C., Police Station Koraon, District Prayagraj). Without expressing any opinion on merits, and considering the nature of accusation and antecedents, the Court granted anticipatory bail for a limited period on the ground of parity with co-accused Arvind Kumar Singh (granted anticipatory bail on 21.9.2020 in Anticipatory Bail Application No.4706 of 2020), a claim the learned AGA did not dispute, relying on Sushila Aggarwal vs. State (NCT of Delhi), 2020 SCC Online SC 98, and this Court's order dated 22.05.2020 in Anticipatory Bail Application No.2609 of 2020. Release ordered till submission of the police report under section 173(2) Cr.P.C. on a personal bond of Rs.50,000/- with two sureties each in the like amount, subject to conditions (availability for interrogation, no inducement/threat to witnesses, no travel abroad without permission, passport deposit); default entitles the Investigating Officer to seek cancellation. The Investigating Officer was directed to conclude the investigation expeditiously and independently.

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7699 of 2020

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Applicant :- Sanjay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Kumar Srivastava 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 for the State.

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The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant, namely, Sanjay Kumar in Case Crime No. 338 of 2019, under sections 420, 406, 409 I.P.C., Police Station Koraon, District Prayagraj.

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Learned counsel for the applicant has contended that the co-accused, Arvind Kumar Singh, has been granted anticipatory bail by this Court on 21.9.2020 in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.4706 of 2020. The case of the applicant stands on identical footing, hence the applicant is also entitled for anticipatory bail on the ground of parity The applicant has definite apprehension that he may be arrested by the police any time.

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Learned AGA has opposed the prayer for anticipatory bail of the applicant, but does not dispute the claim of parity.

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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 for limited period in this case considering the exceptions considered by the Hon'ble Supreme 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.

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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.50,000/- with two sureties each in the like amount to the satisfaction of the

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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 the 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 :- 24.11.2020 Ruchi Agrahari

Sanjay Kumar v. State of U.P.

Case brief

What is this about?

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Sanjay Kumar v. State of U.P.

Case brief

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