Allowed

Pawan Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC9 Sept 2022/423/2022

Case brief

AI extract

What is this about?

The High Court allowed an anticipatory bail application filed by Pawan Kumar in a case involving sections 420, 467, 468 IPC and Section 66-D of the IT Act. The court held that grounds were made out based on a conscientious study of facts and the law laid down in Sushila Aggarwal.

What did the court decide?

The applicant is enlarged on anticipatory bail on personal bond of Rs. 25,000/- and two sureties each of like amount.

Pawan Kumar Vs State of U.P. Thru. Prin. Secy. Home Lko… — Bail and Remand | 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. - 423 of 2022

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Applicant :- Pawan Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Suyash Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Heard Shri Bhaskar Bhadra, learned counsel for the applicant, 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, Pawan Kumar in Case Crime No. 183 of 2021, under Sections 420, 467, 468, I.P.C and Section 66-D of Information Technology Act, Police Station- Maharajganj, District - Raebareli, after rejecting anticipatory bail application of the applicant by Sessions Judge, Raebareli, vide order dated 09.09.2021.

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The submission of the learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that no incriminating article/ SIM has been recovered from the possession of the applicant. It is further submitted that applicant has not issued any SIM on the basis of forged documents. The alleged SIM has been issued by Dayanand Maurya and the investigation is pending. The activated SIM is deactivated by the company within 3 days. The applicant was granted interim anticipatory bail 28.3.2022.

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Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant but he has not refuted the fact that the applicant has no criminal antecedent to his credit.

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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 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

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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, Pawan Kumar 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 Application is allowed.

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Order Date :- 9.9.2022 Ishan

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Digitally signed by ISHAN JAISWAL Date: 2022.09.13 11:12:45 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Pawan Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Pawan Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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