Dismissed

Kamal Prakash Singh v. State of U.P. and Another

Allahabad HC6 Dec 2021ABAIL/14855/2021

Case brief

AI extract

What is this about?

This judgment rejects an anticipatory bail application filed by Kamal Prakash Singh. The court found no indulgence based on the facts, including allegations of fraud, forged signatures, and the applicant being a proclaimed offender. Citing Supreme Court precedents, the application was dismissed.

What did the court decide?

The anticipatory bail application was rejected and the matter disposed of.

Kamal Prakash Singh Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2021)

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Court No. - 75

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14855 of 2021

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Applicant :- Kamal Prakash Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prakash Chandra Srivastava,Dharmendra Kumar Singh,Saurabh Singh Counsel for Opposite Party :- G.A.,Dharmendra Kumar Singh

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Hon'ble Ram Krishna Gautam,J.

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Heard over anticipatory bail application, under Section 438 Cr.P.C., moved by the applicant- Kamal Prakash Singh, in Case Crime No. 93 of 2021, under Sections 419, 420, 467, 468, 471, 409 I.P.C., Police Station-Devgaon, District-Azamgarh.

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Sri Amrendra Nath Singh, learned senior counsel assisted by Sri Saurabh Singh, learned counsel for the applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number by the informant, who happens to be Manager of Siddhi Vinayak Petrol Pump and he is not S.K. Singh, for whom, fraud is being said to have been committed by the applicant, whereas entire amount of compensation and award was deposited in the account of S.K. Singh and it was mutual agreement, in between, and applicant was Manager and looking after affairs of petrol pump concerned; this report was got lodged with manipulation and ulterior motive; applicant is ready to co-operate with the investigation; there is every likelihood of arrest by the police; hence anticipatory bail application was moved before court concerned, but it was rejected, whereas no embezzlement or breach of trust is by the applicant nor any fraud has been committed, hence this application for anticipatory bail with above prayer.

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Sri Vinod Kant, Learned Additional Advocate General assisted by Sri Vaibhav Singh, learned AGA and Sri N.I. Jafri, learned senior counsel assisted by Vijaylaxmi, learned counsel for the informant, has vehemently opposed with this contention that applicant is proclaimed offender under Section 82 of Cr.P.C. and warrant has been issued against him; investigation completed, charge-sheet is ready, but owing to absconding of accused, same could not be filed; statement of account reveals that entire transaction, with regard to deposit of money in the account of Siddhi Vinayak Filling Station, has been usurped; it is an offence under Section 409 IPC and signature of S.K. Singh is forged one; this application for anticipatory bail is of this fact that petrol pump may not be allotted in favour of minor son of

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the applicant and owing to this bar, manipulation was played, wherein, property was purchased by the applicant in the name of S.K. Singh and this petrol pump was got obtained for his own son in the name of S.K. Singh, which itself shows intention to commit fraud and committed by the applicant in obtaining petrol pump itself and accusation is that signature of S.K. Singh has been manipulated, forged and fabricated by the applicant.

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Having heard and gone through material placed on record as well as considering all those facts and circumstances of the case narrated as above and law laid down by Hon'ble Apex Court in (2021) 0 Supreme (SC) 617, Prem Shanker Prasad vs. State of Bihar and another as well as law laid down by the Hon'ble Apex Court in the Case of Sushila Aggarwal Vs. State (NCT of Delhi) 2020 SCC Online SC 98 , no indulgence for grant of anticipatory bail is made out.

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Accordingly, anticipatory bail application is rejected.

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Order Date :- 6.12.2021 Dhirendra/

Kamal Prakash Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Kamal Prakash Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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