Single Judge Corinthians Court allowed anticipatory bail to an elderly applicant accused of cheating, referencing Supreme Court law, subject to standard bail conditions and a direction for expedited trial.
Anticipatory bail allowed on furnishing personal bond with two sureties; trial directed to conclude within one year.
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Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10336 of 2022 Applicant :- Jauhari Prasad Opposite Party :- State of U.P. Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Anand Pati Tiwari, learned counsel for the applicant and Sri Vibhav Anand Singh, learned A.G.A. for the State as well as perused the record.
The present anticipatory bail application has been filed on behalf of the applicant in Case No.3633 of 2022 (State Vs. Satya Narayan and Others) arising out of Case Crime No.463 of 2016, under Sections 419, 420, 504, 506 IPC, Police Station Dibiyapur, District Auraiya, with a prayer to enlarge him on anticipatory bail.
As per prosecution story, the co-accused Satya Narayan is stated to have executed a sale-deed to the informant without title at the behest of the applicant.
Learned counsel for the applicant has stated that the applicant is maliciously being prosecuted in the present case due to ulterior motive. The applicant has nothing to do with the said offence as alleged by the prosecution. Learned counsel has also stated that he is a retired person and aged about 78 years. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. It is further submitted that the applicant cooperated with the investigation and the charge-sheet has now been submitted. He has no criminal antecedents. In case, the anticipatory bail application of the applicant is allowed, he will not misuse the liberty and shall cooperate with trial.
On the other hand, learned A.G.A. has vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history.
On due consideration to the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in the case of " Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98 ", the applicant is entitled to
be granted anticipatory bail in this case.
Without expressing any opinion upon ultimate merits of the case either ways which may be adversely affect the trial of the case, the anticipatory bail application of the applicant is allowed .
In the event of arrest of the applicant, Jauhari Prasad involved in the aforesaid case crime number, shall be released on bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:-
In case of breach of any of the above conditions, the court below shall have the liberty to cancel the bail granted to the applicant.
Since it is an old matter of 2016, the Trial Court is directed to decide and conclude the case in accordance with law expeditiously preferable within a period of one year from the date of presentation of a certified copy of this order, if there is no legal impediment.
However, it is made clear that observations made hereinabove in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 17.11.2022/Siddhant
Digitally signed by SIDDHANT SAHU Date: 2022.11.21 16:45:14 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether anticipatory bail should be granted to an elderly applicant accused of cheating with no prior criminal history.
Under what conditions the applicant must fall if arrested.
Colour shows how this judgement treated each authority
Sushila Aggarwal Vs. State (NCT of Delhi)Applied¶9
Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98 · Who else cites this
1 provisions across 1 enactments
Jauhari Prasad
State of U.P.
Krishan Pahal
As recorded by the court registry
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