Allowed

Akhilesh Dutt Chaturvedi v. state of U.P.

Allahabad HC10 Oct 2022ABAIL/11624/2021

Case brief

AI extract

What is this about?

The court granted anticipatory bail to Akhilesh Dutt Chaturvedi in a case involving alleged embezzlement and criminal breach of trust. Directions were issued regarding bond, cooperation with investigation, non-interference, and not leaving India without permission.

What did the court decide?

Anticipatory bail granted subject to personal bond of Rs. 50,000 with two sureties, conditions for investigation cooperation, non-interference with witnesses, and permission to leave India.

Akhilesh Dutt Chaturvedi Vs state of U.P. — Anticipatory Bail | Allahabad HC (2022)

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Court No. - 78

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11624 of 2021

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Applicant :- Akhilesh Dutt Chaturvedi Opposite Party :- State of U.P. Counsel for Applicant :- Sujeet Kumar Counsel for Opposite Party :- G.A.,Madhav Jain,Murari Lal Jain,Pankaj Kumar Shukla,Ram Prakash Dwivedi,Rohit Nandan Singh

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Hon'ble Krishan Pahal,J.

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Heard Sri Vineet Kumar Singh Advocate holding brief of Sri Sujeet Kumar, learned counsel for the applicant, Sri R.P. Dwivedi assisted by Sri Anurag Gupta, learned counsel for the informant, Sri Vibhav Anand Singh, learned Additional Government Advocate for the State and perused the records.

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The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.0216 of 2021, under Sections 420, 467, 468 and 471 IPC at Police Station- Sikandra, District Agra with a prayer to enlarge him on anticipatory bail.

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Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The applicant was an employee in the hospital of the informant and has nothing to do with the said offence. There are no criminal antecedents of the applicants. 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. Learned counsel has further stated that the investigation is going on and the charge-sheet has not yet been filed. The applicant was on interim protection earlier on by this Court vide order dated 15.07.2022 and has not misused the said liberty granted to him. Learned counsel for the applicant has also stated that the applicant has co-operated in the investigation and undertakes that he will cooperate in the investigation in future also failing which the State can move appropriate application for cancellation of the anticipatory bail.

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Per contra, learned AGA and Sri R.P. Dwivedi assisted by Sri Anurag Gupta, learned counsel for the informant have vehemently opposed the anticipatory bail application on the ground that the matter pertains to embezzlement of Rs.1.25 crores and the applicant is deliberately avoiding the investigating agency, but could not dispute the fact that there

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are no criminal antecedents of the applicant.

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Considering the overall facts and circumstances of the case, this Court is of the opinion that the applicant deserves to be granted anticipatory bail in connection with the aforesaid case.

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Accordingly, the anticipatory bail application is disposed of with following directions:-

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(A) In the event of arrest of the applicant- Akhilesh Dutt Chaturvedi involved in aforesaid case shall be released on anticipatory bail till the submission of police report, if any, under section 173(2) Cr.P.C. before the competent Court on his/her furnishing a personal bond of Rs.50,000/- with two sureties each of the like amount to the satisfaction of the Station House Officer of the police station concerned;

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(B) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation;

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(C) 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 them from disclosing such facts to the Court or to any police officer; and

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(D) The applicant shall not leave India without the previous permission of the Court.

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In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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Order Date :- 10.10.2022 Ravi Kant

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Digitally signed by RAVI KANT Date: 2022.10.11 09:48:16 IST Reason: Location: High Court of Judicature at Allahabad

Akhilesh Dutt Chaturvedi v. state of U.P.

Case brief

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Akhilesh Dutt Chaturvedi v. state of U.P.

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