Allowed

Roop Chandra Prajapati v. State of U.P.

Allahabad HC5 Feb 2021ABAIL/2313/2021

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to the applicant in a criminal case involving forgery and cheating charges, directing his release on personal bond with two sureties and incidental conditions under the Constitution Bench judgment of Sushila Aggarwal.

What did the court decide?

Anticipatory bail granted to the applicant on a personal bond with two sureties and conditions to remain within the country and not interfere with witnesses.

Roop Chandra Prajapati Vs State of U.P. — Anticipatory Bail | 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. - 2313 of 2021

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Applicant :- Roop Chandra Prajapati Opposite Party :- State of U.P. Counsel for Applicant :- Jadu Nandan Yadav,Agnivesh 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 on behalf of the applicant, Roop Chandra Prajapati with a prayer to release him on bail in Case Crime No. 59 of 2020, under Sections- 467, 468, 471 IPC, Police Station- Bijpur, District- Sonbhadra, during pendency of trial.

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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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The applicant was enlarged on anticipatory bail under Sections 419, 420 IPC in CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9140 of 2020. The Investigating Officer has added Sections 467, 468, 471 IPC in this case against the applicant during the investigation. Hence applicant has approached this Court again for grant of anticipatory bail under the aforesaid Sections. For the reasons given in the earlier order dated 14.12.2020, the applicant is directed to enlarged on anticipatory bail under Sections 467, 468, 471 IPC.

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Learned AGA has opposed the prayer for anticipatory bail of the applicant. He has submitted that in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail. The apprehension of the applicant is not founded on any

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material on record. Only on the basis of imaginary fear anticipatory bail cannot be granted.

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Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, he is directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 . The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.

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In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-

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The applicant shall not leave the country during the pendency of trial without prior permission from the concerned trial Court.

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The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.

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That 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 him from disclosing such facts to the Court or to any police officer;

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The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.

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In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)2020 SCC Online SC 98 .

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The applicant shall remain present, in person, before

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the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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

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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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Order Date :- 5.2.2021 Ruchi Agrahari

Roop Chandra Prajapati v. State of U.P.

Case brief

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Roop Chandra Prajapati v. State of U.P.

Case brief

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