Allowed

Sanjay Kumar Jha v. State of U.P and Another

Allahabad HC2 Feb 2021ABAIL/201/2021

Case brief

AI extract

What is this about?

Allahabad High Court allowed an anticipatory bail application filed under Section 438 Cr.P.C. The court granted bail for a limited period until conviction or release on regular bail, considering the applicant's parity with a co-accused who had already been granted bail.

What did the court decide?

Anticipatory bail granted for limited period until cognizance is taken by the court on police report, subject to personal bond and conditions including availability for interrogation and prohibition o

Sanjay Kumar Jha Vs State of U.P and Another — 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. - 201 of 2021

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Applicant :- Sanjay Kumar Jha Opposite Party :- State Of U.P And Another Counsel for Applicant :- Sujeet Kumar,Chhaya Gupta 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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Order on Criminal Misc. Exemption Application

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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, Sanjay Kumar Jha in Case Crime No.-717 of 2020, under Sections- 406 and 420 IPC, Police StationPhase-3, District- Gautam Buddh Nagar.

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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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Learned counsel for the applicant has contended that the co-accused, Rani Kumari, has been granted anticipatory bail by this Court on 07.01.2021 in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 147 of 2021. 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 .

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In the event of arrest, the applicant shall be released on anticipatory bail till cognizance is taken by the court on 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 of the police station concerned Court 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 officer;

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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/Govt. Advocate 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, if pending, 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, if investigation is in progress who shall ensure the compliance of present order.

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Order Date :- 2.2.2021 Ruchi Agrahari

Sanjay Kumar Jha v. State of U.P and Another

Case brief

What is this about?

What did the court decide?

Sanjay Kumar Jha v. State of U.P and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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