Allowed

Pappu v. State of U.P. and Another

Allahabad HC18 May 2022ABAIL/2063/2022

Case brief

AI extract

What is this about?

This court allowed an anticipatory bail application filed by Pappu in a cheating offences case. The applicant, claiming false implication, was granted bail on furnishing a personal bond and two sureties with conditions to appear for interrogation and not abscond.

What did the court decide?

The applicant is directed to be enlarged on anticipatory bail till the conclusion of trial on furnishing a personal bond of Rs. 25,000 and two sureties each of like amount.

Pappu Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2022)

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2063 of 2022

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Applicant :- Pappu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhaskar Bhadra Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Learned A.G.A. has filed counter affidavit today, which is taken on record.

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Heard Sri Bhaskar Bhadra, learned counsel for the applicant and Shri Vishwa Deepak Mishra, learned A.G.A. for the State and perused the material on record.

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The present bail application has been filed on behalf of applicant Pappu under Section 438 of the Code of Criminal Procedure, with a prayer to release him on anticipatory bail in Case Crime No. 142 of 2019, for offence punishable under Sections 420, 467, 468 of the Indian Penal Code, registered at Police Station- Sirauli, District- Bareilly, during pendency of the trial, after rejecting the anticipatory bail application of the applicant by Additional Sessions Judge Court No. 1, Bareilly vide order dated 08.02.2022.

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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. The applicant is not named in the first information report. During the course of investigation he has been implicated in the present case. As per first information report, the applicant took Kisan Credit Loan on the basis of forged and fabricated Khatauni. The first informant's bank has granted loan to the applicant on the basis of forged documents showing the applicant as sole owner of the land. It is further submitted that the applicant has deposited the whole amount of the loan. It has also been submitted that co-accused, Sauraj Singh, Ajeet Singh, Satya Pal and Badam Singh having similar role, have already been enlarged on interim bail by the Coordinate Benches of this Court vide orders dated 15.02.2022, 18.02.2022 and 22.02.2022 in Criminal Misc. Anticipatory Bail Application Nos. 1032 of 2022, 1141 of 2022, 1106 of 2022 and 1248 of 2022 respectively. It is further submitted that as per the legal advice received from the first informant, bank has given loan to the applicant after completing all the formalities.

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It is further submitted that the applicant is no more required for custodial interrogation. The applicant has no criminal history and he has not undergone any imprisonment after conviction by any court of law in relation to any cognizable offence previously. It is further contended that the applicant is ready to participate in the investigation. The applicant was granted interim anticipatory bail by this Court on 22.3.2022.

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Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant, but could not point out anything adverse against 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 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 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, Pappu 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

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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 :- 18.5.2022 T. Sinha

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Digitally signed by TRIPTI SINHA Date: 2022.05.20 17:01:34 IST Reason: Location: High Court of Judicature at Allahabad

Pappu v. State of U.P. and Another

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Pappu v. State of U.P. and Another

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