Allowed

Ramansh Jaiswal v. State of U.P. and 2 Others

Allahabad HC1 Feb 2021ABAIL/6766/2020

Case brief

AI extract

What is this about?

The applicant sought anticipatory bail in a criminal case alleging cheating and criminal breach of trust. The High Court analyzed the application and, following its earlier interim order, allowed the bail with standard conditions.

What did the court decide?

Anticipatory bail granted until cognizance is taken on the police report under Section 173(2) Cr.P.C., subject to personal bond and specific conditions.

Ramansh Jaiswal Vs State of U.P. and 2 Others — Writ and Judicial Review | 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. - 6766 of 2020

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Applicant :- Ramansh Jaiswal Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Amit Daga,Sumit Jaiswal 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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This anticipatory bail application has been filed on behalf of the applicant - Ramansh Jaiswal, seeking anticipatory bail in Case Crime No. 77 of 2020, under Sections - 420 and 406 I.P.C., Police Station - Civil Lines, District - Prayagraj, 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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Despite time granted to the learned AGA, no counter affidavit has been filed.

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By the order dated 21.10.2020 the applicant was enlarged on interim anticipatory bail. For the reasons recorded in the order dated 21.10.2020, this anticipatory bail application is allowed.

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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

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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 :- 1.2.2021 SS

Ramansh Jaiswal v. State of U.P. and 2 Others

Case brief

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Ramansh Jaiswal v. State of U.P. and 2 Others

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