Allowed

Gaya Baksh Singh v. State of U.P.

Allahabad HC8 Sept 2022/12770/2021

Case brief

AI extract

What is this about?

Criminal Misc. Application for anticipatory bail under S. 438 Cr.P.C. The applicant challenged rejection of bail by Sessions Judge. Court, relying on Sushila Aggarwal, found grounds for bail made out and granted it subject to personal bond and standard conditions.

What did the court decide?

Grant of anticipatory bail in case crime No. 155 of 2019 on furnishing personal bond of Rs. 25,000 and two sureties of like amount subject to specified conditions.

Gaya Baksh Singh Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 15

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12770 of 2021

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Applicant :- Gaya Baksh Singh Opposite Party :- State of U.P. Counsel for Applicant :- Desh Raj Singh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Heard Shri Desh Raj Singh Yadav, learned counsel for the applicant, Sri Vijay Prakash Dwivedi, learned A.G.A. for the State and perused the material on record.

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The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant, namely, Gaya Baksh Singh in Case Crime No. 155 of 2019, under Sections 406, 419, 420, 467, 468, 471 and 120B of the IPC, Police Station - Hasanganj, District - Lucknow after rejecting anticipatory bail application of the applicant by Additional Sessions Judge, Court no. 3, Lucknow vide order dated 29.10.2021.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that the name of the applicant has come up in the confessional statement of Diwan Singh, the co-accused named in the F.I.R. During the investigation it got transpired that the applicant used to bring the tabulation chart of different examination and hand over the same to the co-accused, Diwan Singh. It is further submitted that the applicant is a peon in the university and had no role in the crime. It is further submitted that other co-accused, Mukesh Dhar Dubey having similar role has been granted bail by this Court in Bail No. 7016 of 2019 vide order dated 26.07.2019. It is further submitted that the applicant has no criminal history. It is further submitted that interim anticipatory bail of the applicant has been granted by this Court on 15.11.2021. It is further submitted that the applicant is ready to participate in the investigation.

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Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant.

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It is settled position of law that the anticipatory bail being an extraordinary privilege should be granted only in exceptional cases. Parameters for grant of anticipatory bail in a serious

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offence are required to be satisfied, where the Court is prima facie of the view that the applicant has falsely roped in the crime and would not misuse his liberty.

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Considering the facts and circumstances of the case and the law laid down by the Hon'ble Apex Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98 , ground for grant of anticipatory bail is made out.

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In case of arrest, the applicant, Gaya Baksh Singh is directed to be enlarged on anticipatory bail in above case crime number till the conclusion of trial, on his furnishing personal bond of Rs. 25,000/- and two sureties each of like amount before the Station House Officer of Police Station/Court concerned 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, if investigation is in progress;

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

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(iii) The applicant shall not leave the country 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/Court 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, self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked ;

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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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The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order.

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A copy of this order shall also be produced before the S.P/S.S.P concerned by the applicants, within a week, if the investigation is still in progress, who shall ensure compliance of this order.

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With the aforesaid directions, the present Anticipatory Bail

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Application is allowed .

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Order Date :- 8.9.2022 Anurag, APS

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Digitally signed by ANURAG SINGH Date: 2022.09.13 10:55:50 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Gaya Baksh Singh v. State of U.P.

Case brief

What is this about?

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Gaya Baksh Singh v. State of U.P.

Case brief

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