Allowed

Nand Lal Mishra v. State of U.P.

Allahabad HC23 Nov 2022ABAIL/17476/2021

Case brief

AI extract

What is this about?

This court considered an anticipatory bail application filed by Nand Lal Mishra in a case involving cheating and forgery offences. After hearing counsel notes the applicant had no criminal history and was cooperating with the investigation, the court granted anticipatory bail subject to specific conditions.

What did the court decide?

Anticipatory bail granted till submission of police report under S. 173(2) Cr.P.C. on furnishing personal bond of Rs. 50,000 with two sureties each of like amount.

Nand Lal Mishra Vs State of U.P. — Cheating and Forgery | 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. - 17476 of 2021

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Applicant :- Nand Lal Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Nayan Singh,Prakash Chandra Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard Sri Rajeev Nayan Singh and Sri Prakash Chandra Dwivedi, learned counsels for the applicant and Sri P.K. Srivastava, learned Additional Government Advocate for the State and perused the records.

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The applicant is seeking anticipatory bail in connection with Case Crime No.- 186 of 2012, under Sections 420, 406, 467, 468, 471, 120-B IPC and Section 138 N.I. Act, Police Station - Babupurwa, District - Kanpur Nagar.

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Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. The applicant is a practicing advocate at Kanpur Nagar and he had sent a legal notice against the named accused person in the present FIR, and pursuant to that, an FIR was lodged by the son of the applicant on 11.3.2012 but later on the applicant, who had sent the said notice on behalf of his son, has been made an accused in the said proceedings. The applicant was accorded interim protection for a period of 90 days or till submission of report under Section 173(2) Cr.P.C., whichever is earlier. The said time has expired. Learned counsel has stated that the applicant has not misused the said opportunity granted earlier. The investigation is going on and no final report has been filed to date. It is further stated that applicant is co-operating in the investigation and is ready to cooperate in future also. There is no likelihood of the applicant repeating the said offence, if any. There is no criminal history and, therefore, he is entitled for protection from this Court.

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Learned Additional Government Advocate has opposed the prayer for anticipatory bail but has not disputed the fact that there is no criminal history of the applicant and the aforesaid submissions of learned counsel for the applicant.

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Considering the overall facts and circumstances of the case, this

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Court is of the opinion that the applicant Nand Lal Mishra deserves to be granted anticipatory bail in connection with the aforesaid case.

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

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(A) In the event of arrest of the applicant 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 :- 23.11.2022 Shalini

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Digitally signed by SHALINI JAISWAL Date: 2022.11.24 11:46:00 IST Reason: Location: High Court of Judicature at Allahabad

Nand Lal Mishra v. State of U.P.

Case brief

What is this about?

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Nand Lal Mishra v. State of U.P.

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