Allowed

Chandra Pal v. State of U.P. and Another

Allahabad HC2 Jun 2022ABAIL/4483/2022

Case brief

AI extract

What is this about?

Court allowed an anticipatory bail application under Section 438 Cr.P.C. for the applicant in a criminal case related to forgery and cheating. Bail was conditioned on surrender for interrogation, not tampering with witnesses, and not leaving the country.

What did the court decide?

Anticipatory bail granted with a personal bond of Rs. 50,000/- and two sureties each of like amount.

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

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Court No. - 48

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4483 of 2022

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Applicant :- Chandra Pal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Balram Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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Heard over anticipatory bail application, under Section 438 Cr.P.C., moved by the applicant, in Case Crime No.143 of 2019, under Sections 420, 467, 468 I.P.C., P.S. Sirauli, District Bareilly.

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Learned counsel for the applicant submits that allegation against the applicant is that applicant, co-accused Smt. Kiranwati and Smt. Bhagyashree by means of forged documents facilitated K.C.C. loan to the farmers. He further submits that the co-accused Smt. Kiranwati and Smt. Bhagyashree have been granted anticipatory bail by co-ordinate Bench of this Court vide orders dated 21.04.2022 and 20.04.2022 in Criminal Misc. Anticipatory Bail Application Nos.3036 of 2022 and 2990 of 2022, therefore, the applicant is also entitled for anticipatory bail. Application for anticipatory bail was moved before court of session where it was rejected summarily and there is every likelihood of arrest of applicant by the police; it is a false implication owing to business rivalry; hence this anticipatory bail application with above prayer.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts.

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Having heard and gone through material placed on record, considering the enlargement of co-accused on anticipatory bail, without expressing any opinion on the merits of the case and law laid down by the Hon'ble 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 Chandra Pal directed to be enlarged on anticipatory bail in above case crime number, till the pending of bail application in above case crime number, on furnishing personal bond of Rs. 50,000/- and two sureties each of like amount to the satisfaction of 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 them before the S.S.P./S.P. concerned/Court concerned;

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In default of any of the conditions, the Investigating Officer/Government Advocate is at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicant.

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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 applicant, within a week, if the investigation is still in progress, who shall ensure compliance of this order.

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This anticipatory bail application is allowed.

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Order Date :- 2.6.2022 Jitendra

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Digitally signed by JITENDRA KUMAR PATEL Date: 2022.06.03 10:17:22 IST Reason: Location: High Court of Judicature at Allahabad

Chandra Pal v. State of U.P. and Another

Case brief

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Chandra Pal v. State of U.P. and Another

Case brief

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