Allowed

Brij Bihari Lal Srivastava v. State of U.P.

Allahabad HC16 Mar 2021ABAIL/182/2021

Case brief

AI extract

What is this about?

The High Court allowed the anticipatory bail application filed by Brij Bihari Lal Srivastava in a cheating and forgery case. The Court noted the applicant's compliance with interim bail conditions and the explanation provided regarding false allegations in the FIR.

What did the court decide?

Anticipatory bail application allowed; interim bail remains effective for 45 days or till submission of charge under conditions of the earlier order.

Brij Bihari Lal Srivastava Vs State of U.P. — Cheating and Forgery | Allahabad HC (2021)

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 182 of 2021

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Applicant :- Brij Bihari Lal Srivastava Opposite Party :- State of U.P. Counsel for Applicant :- Ved Byas Mishra Counsel for Opposite Party :- G.A.,Sanjeev Kumar Singh

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant; Shri Sanjeev Kumar Singh, learned counsel for the informant 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, Brij Bihari Lal Srivastava, in Case Crime No. 978 of 2019, under Sections 419,420,467,468,471,120-B I.P.C. , Police Station - Cantt, District - Gorakhpur.

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Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required.

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Counter affidavit filed by learned A.G.A. is taken on record.

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There is allegation in the First Information report that applicant has got executed the sale deed in favour of the informant showing that grand father of the informant was alive on 6.2.2017 when he has died on 5.3.2011.Learned counsel for the applicant has submitted that allegation in the First Information Report is incorrect. He has filed supplementary affidavit showing that death certificate of the grand-father of the informant has

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been cancelled by the Mukhya Swasthiya Adhikari, Nagr Nigam, Gorakhpur on the direction of the prescribed authority.The order has been brought on record along with supplementary affidavit. Learned counsel for the applicant has submitted that applicant has been falsely implicated in this case.He is already on interim bail by the order dated 1.2.2021 and has complied the conditions imposed on him.

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Learned counsel for the informant and learned A.G.A. have vehemently opposed bail prayer of the applicant and submitted that criminal history of two cases more a part from the present case being case crime no. 744/2018 under section 120-B, 419,467,468,471 ,506 I.P.C, and case crime no. 705 of 2019 under section 406,419.,418 I.P.c. P.S.Cantt. District Gorakhpur.

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Learned counsel for the applicant has submitted that he has filed supplementary affidavit explaining criminal history of case crime no.744 of 2018 in paragraph-4 of the supplementary affidavit filed earlier and regarding other case he has no knowledge of the aforesaid case.

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Keeping in view that applicant has been granted interim bail earlier .The interim anticipatory bail granted to the applicant shall remain in effective for 45 days or till the submission of charge whichever is earlier on same terms and conditions as mentioned in the order dated 1.2.2021. Order Date :- 16.3.2021 Atul kr. sri.

Brij Bihari Lal Srivastava v. State of U.P.

Case brief

What is this about?

What did the court decide?

Brij Bihari Lal Srivastava v. State of U.P.

Case brief

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What did the court decide?

What the court decided

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