Allowed

Ajay Pradhan Valmiki @ Ajay v. State of U.P.

Allahabad HC7 Jun 2022ABAIL/4683/2022

Case brief

AI extract

What is this about?

This court allowed anticipatory bail to Jaswant Pradhan under Section 438 Cr.P.C. The applicant, impugned in a cheating case, was directed to furnish a personal bond of Rs.50,000 and two sureties of like amount until the submission of the police report under Section 173(2) Cr.P.C.

What did the court decide?

Anticipatory bail allowed upon furnishing a personal bond of Rs.50,000 and two sureties of like amount subject to listed conditions.

Ajay Pradhan Valmiki @ Ajay Vs State of U.P. — Cheating and Forgery | 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. - 4683 of 2022

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Applicant :- Ajay Pradhan Valmiki @ Ajay Opposite Party :- State of U.P. Counsel for Applicant :- Amar Chandra,Sunil Kumar 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- Ajay Pradhan Valmiki @ Ajay in Case Crime No.801 of 2021, under Section 420, 406, 504, 506 IPC, P.S. Jalalabad, District Shahjahanpur.

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Learned counsel for the applicant submits that as per FIR version, applicant was sweeper (Safai Karmi) on contract basis in Nagar Nigam, Shahjahanpur and demanded Rs.10,000/- from each persons for payment of wages. Wages Rs.40,000/- each was transferred in their account and thereafter Rs.10,000/- by each was given to the applicant. He further submits applicant being friend of Murari Lal, Swachhakar District Co-ordinator has been implicated in this case. Applicant has no criminal history. He will cooperate in the investigation.

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Learned A.G.A. has vehemently opposed by submitting that the amount of sweepers were transferred in the account of concerned persons thereafter Rs.10,000/- from each was taken by the applicant, therefore, he is not entitled for bail.

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Having heard and gone through material placed on record, amount transferred in the account of victim and thereafter payment to the applicant in cash, the fact that applicant has no criminal antecedent 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, Ajay Pradhan Valmiki @ Ajay is directed to be enlarged on anticipatory bail in above case crime number on his furnishing personal bond of Rs.50,000/and two sureties each of like amount to the satisfaction of Station House Officer of police station concerned till the submission of police report, if any, under Section 173 (2) Cr.P.C. before the competent court with the following conditions:-

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i. The applicant shall make him 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 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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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 applicants, 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 :- 7.6.2022

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MAA/-

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Digitally signed by MOHAMMAD AZAD ANSARI Date: 2022.06.08 10:01:22 IST Reason: Location: High Court of Judicature at Allahabad

Ajay Pradhan Valmiki @ Ajay v. State of U.P.

Case brief

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Ajay Pradhan Valmiki @ Ajay v. State of U.P.

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