Allowed

Surendra @ Nanak v. State of U.P.

Allahabad HC22 Sept 2022ABAIL/8189/2022

Case brief

AI extract

What is this about?

Criminal Misc. Application under Section 438 Cr.P.C. for anticipatory bail in a cheque bounce case. The court granted bail contingent on personal bond, cooperation with investigation, and non-attraction of third parties.

What did the court decide?

Anticipatory bail granted till submission of Police Report under Section 173(2) Cr.P.C. on furnishing personal bond of Rs. 50,000/- with two sureties.

Surendra @ Nanak Vs State of U.P. — Cheque Dishonour | Allahabad HC (2022)

¶1

Court No. - 78

¶2

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8189 of 2022

¶3

Applicant :- Surendra @ Nanak Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kumar Yadav Counsel for Opposite Party :- G.A.

¶4

Hon'ble Krishan Pahal,J.

¶5

Heard learned counsel for the applicant and Smt. Ladli Pandey, learned A.G.A. for the State as well as perused the record.

¶6

The present application has been moved seeking anticipatory bail in Case Crime no. 1328 of 2021, under Section 420, 467, 468, 471, 120-B, 452, 323, 504, 506 IPC, Police Station- Loni, District- Ghaziabad, with the prayer to enlarge him on anticipatory bail.

¶7

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. Learned counsel has stated that the matter pertains to Negotiable Instruments Act, and it has been converted into an FIR. The cheque provided by co-accused Ram Naresh @ Bablu Yadav is already bounced. Learned counsel has submitted that the case of the applicant is at par with that of co-accused person, Ram Naresh @ Bablu Yadav, who has already been granted regular bail by court below vide order dated 6.12.2021 passed in Bail Application No. 7812 of 2021. 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.

¶8

Learned Additional Government Advocate has opposed the prayer for anticipatory bail but has not disputed the fact of no criminal history.

¶9

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

¶10

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

¶11

(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;

¶12

(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;

¶13

(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

¶14

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

¶15

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.

¶16

Order Date :- 22.9.2022 Shalini

¶17

Digitally signed by SHALINI JAISWAL Date: 2022.09.26 12:20:42 IST Reason: Location: High Court of Judicature at Allahabad

Surendra @ Nanak v. State of U.P.

Case brief

What is this about?

What did the court decide?

Surendra @ Nanak v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Adil @ Adeer and Another Vs State of U.P.

Lavkush @ Lavkesh Patel Vs State of U.P.

Kasim Vs State of U.P.

Mohd.Gufran Vs State of U.P.

Ravindra Singh Vs State of U.P.

Manju Rani Vs State of U.P.