Dismissed

Brajendra Singh Chauhan v. State of U.P. and Another

Allahabad HC9 Aug 2021ABAIL/6428/2021

Case brief

AI extract

What is this about?

The Court granted conditional anticipatory bail to the applicant, directing the police to not arrest him for one month if he surrenders and applies for regular bail within that period. The Court explicitly reserved judgment on the merits of the case.

What did the court decide?

Granted conditional anticipatory bail for one month, directing police to refrain from arrest if the applicant surrenders and applies for regular bail within that period.

Brajendra Singh Chauhan Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2021)

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Court No. - 67

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6428 of 2021

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Applicant :- Brajendra Singh Chauhan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Dayal Tiwari,M.D. Singh Shekhar (Senior Adv.) Counsel for Opposite Party :- G.A.,Bijai Prakash Tiwari

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Hon'ble Rahul Chaturvedi,J.

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Heard Sri M.D.Singh Shekhar, learned Senior Advocate assisted by Sri Vaibhav, learned counsel for the applicant, Sri Vijay Prakash Tiwari, learned counsel for the informant and learned A.G.A for the State and perused the material on record.

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The instant application is being moved by the applicant invoking the powers of Section 438 Cr.P.C. apprehending his arrest in connection with Case crime no.654 of 2019, under Sections 419, 420, 464, 467, 468, 471 I.P.C., Police StationBidhunu, District-Kanpur 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 under Section 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Vs. 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 submitted that the FIR was got registered on 04.12.2019 by the informant and after investigation, the police has submitted the final report in the matter on 16.06.2020 but the higher police officials have directed to have further investigation into the matter. After further investigation on 16.06.2020, the police has submitted the report under sectin 173(2) Cr.P.C against the applicant and the learned Chief Metropolitan Magistrate, Kanpur has taken the cognizance of the offence on 03.02.2021. Since the matter is prejudice before the Chief Metropolitan Magistrate, Kanpur, it would be open for the applicant to ventilate his grievance before the appropriate forum.

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Sri M.D.Singh Shekhar, learned Senior Advocate submits that some breathing time may be afforded to him to raise his cause.

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Under the circumstances, keeping in view the trying conditions on account of COVID pandemic, if the applicant surrenders before the court concerned within one month from today and apply for bail, the same shall be adjudicated and decided by the court below in accordance with law as early as possible.

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It is made clear that the Court is not making any comment upon the merit of the case.

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During the period of one month from today, the police shall go slow in arresting the applicant.

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With the aforesaid observations, the present application stands disposed of.

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Order Date :- 9.8.2021 Sumit S

Brajendra Singh Chauhan v. State of U.P. and Another

Case brief

What is this about?

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Brajendra Singh Chauhan v. State of U.P. and Another

Case brief

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What did the court decide?

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