Allowed

Shivam Gupta v. State of U.P. and Another

Allahabad HC10 Dec 2021ABAIL/8297/2021

Case brief

AI extract

What is this about?

This court granted anticipatory bail to Shivam Gupta in a charge of cheating and forgery. The applicant cited earlier bail orders for co-accused and lack of criminal history as grounds. Bail was granted on personal bond with conditions.

What did the court decide?

Anticipatory bail granted till conclusion of trial on furnishing a personal bond of Rs. 50,000 with two sureties of like amount.

Shivam Gupta Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2021)

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Court No. - 64

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8297 of 2021

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Applicant :- Shivam Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Singh Chauhan Counsel for Opposite Party :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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Heard Shri Gaurav Singh Chauhan, learned counsel for the applicant and Shri Ankit Srivastava, learned A.G.A. for the State.

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This anticipatory bail application has been filed on behalf of the applicant - Shivam Gupta, seeking anticipatory bail in Case Crime No. 231 of 2019, under Sections - 420, 467, 468, 471, 406, 506, 120-B I.P.C., Police Station - Dadon, District - Aligarh.

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At the outset, learned counsel for the applicant states that in exact similar allegations, co-accused Vinod @ Vinod Kumar And Another and Akash Yadav have already been enlarged on bail by this Court in Criminal Misc. Bail Application Nos. 7315 of 2020 and 11380 of 2021, vide orders dated 11.11.2020 and 15.7.2021 respectively. For the reasons contained in those orders, the present applicant is also entitled for bail. Further, it has been submitted that the applicant has no criminal history.

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At present, there are no criminal antecedents of the applicant shown as also no real apprehension has been expressed by the State of the applicant fleeing from justice, if the present application is allowed.

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In view of the above, no useful purpose would be served in keeping the present application pending or calling for counter affidavit at this stage. Without expressing any opinion on the merits of the case, the applicant is entitled to anticipatory bail in this case, at this stage.

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In the event of arrest of the applicant - Shivam Gupta , involved in the aforesaid case crime, he shall be released on anticipatory bail till conclusion of the trial, on his furnishing a personal bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the Station House Officer of the police station concerned on the following conditions:

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(i) The applicant shall make himself available for interrogation by a 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 him/her from disclosing such facts to the court or to any police officer or tamper with the evidence.

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(iii) The applicant shall not leave India without the previous permission of the court.

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(iv) In default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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Present application stands disposed of .

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Order Date :- 10.12.2021 shiv

Shivam Gupta v. State of U.P. and Another

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Shivam Gupta v. State of U.P. and Another

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