Allowed

Ankur Singhal v. State of U.P.

Allahabad HC9 Jul 2020BAIL/14535/2020

Case brief

AI extract

What is this about?

The court allowed the bail application of Ankur Singhal accused under Sections 420, 406, and 506 of the IPC. Relying on Article 21 and Dataram Singh, the court held that the applicant has made out a case for bail due to the nature of allegations and the pandemic situation.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

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

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Court No. - 82

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14535 of 2020

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Applicant :- Ankur Singhal Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kr. Srivastava,Sandeep Saxena 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 A.G.A.

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The allegation against the applicant is that he has entered into agreement to sell with informant.He has not executed sale deed as per agreement dated 1.9.2016.It is submitted that civil suit has already been instituted for injunction. There is loan on property and this fact was disclosed in the agreement to sell hence there is no element of cheating involved.Informant has not instituted suit for specific performance of contract but for suit for relief of injunction only .Applicant has been falsely implicated in this case.He is in jail since 28.5.2019 and has no criminal history.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Ankur Singhal, who is involved in Case Crime No. 1106 of 2019, under Sections 420, 406, 506 I.P.C, Police Station-Indrapuram , DistrictGhaziabad, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before

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issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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

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The concerned Court/Authority/OfÏcial shall verify the authenticity of such computerized copy of the order from the ofÏcial website of High Court Allahabad and shall make a declaration of such verification in writing.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 9.7.2020 Atul kr. sri.

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Digitally signed by JUSTICE SIDDHARTH Date: 2020.07.10 17:36:15 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Ankur Singhal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ankur Singhal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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