Allowed

Vivek Bhardwaj v. State of U.P.

Allahabad HC29 Sept 2022ABAIL/9061/2022

Case brief

AI extract

What is this about?

In an anticipatory bail application filed in connection with an FIR under Sections 420 and 406 IPC, the Court observed that the applicant was falsely implicated and had no criminal history. The application was allowed with conditions including furnishing a bond, cooperating with the investigation, and not leaving India without permission.

What did the court decide?

Anticipatory bail granted until submission of police report under Section 173(2) Cr.P.C. conditional upon bond of Rs. 50,000, cooperation with IO, and other standard conditions.

Vivek Bhardwaj Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

¶1

Court No. - 78

¶2

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9061 of 2022

¶3

Applicant :- Vivek Bhardwaj Opposite Party :- State of U.P. Counsel for Applicant :- Akash Tyagi Counsel for Opposite Party :- G.A.

¶4

Hon'ble Krishan Pahal,J.

¶5

Heard Sri Shantanu Bhardwaj, Advocate holding brief of Sri Akash Tyagi, learned counsel for the applicant and Sri Ram Prakash Patel, learned A.G.A. for the State as well as perused the record.

¶6

The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 511 of 2019, under Sections 420 & 406 IPC, Police Station Civil Lines, District Meerut, with a prayer to enlarge him on anticipatory bail.

¶7

Learned counsel for the applicant submits that he has been falsely implicated in the present case. He was not named in the FIR. His name has come up in the statement of co-accused wherein he has stated that one cheque was issued by the applicant to the informant which is stated to have bounced. Investigation is going on as the charge-sheet has yet not been filed in the matter. The applicant is cooperating in the investigation and is ready to do so in future. There is no criminal history of the applicant and, therefore, he is entitled for protection.

¶8

The prayer for anticipatory bail has been vehemently opposed by learned AGA. However, the aforesaid factual aspect of the matter has not been disputed by him.

¶9

Considering the overall facts and circumstances of the case, this Court is of the opinion that the applicant 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

¶12

Rs.50,000/- with two sureties each of the like amount to the satisfaction of the Station House Officer of the police station concerned;

¶13

(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;

¶14

(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

¶15

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

¶16

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.

¶17

Order Date :- 29.9.2022 Siddhant

¶18

Digitally signed by SIDDHANT SAHU Date: 2022.09.30 16:24:08 IST Reason: Location: High Court of Judicature at Allahabad

Vivek Bhardwaj v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vivek Bhardwaj 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

Parties & counsel

Coram

Case details

Similar cases

Mohammed Furkan Vs State of U.P.

Hazi Jameel Vs State of U.P.

Abhishek Kumar Yadav Vs State of U.P.

Surendra Singh and 2 Anothers Vs State of U.P.

Karamveer Nagar and 3 Others Vs State of U.P.

Praveen Singraur and 4 Others Vs State of U.P. Ans 2 Others