Disposed

Brahma Nand Patel v. State of U.P.

Allahabad HC10 Oct 2022ABAIL/9727/2022

Case brief

AI extract

What is this about?

This order grants anticipatory bail to the applicant, Brahma Nand Patel, in a case involving embezzlement under Sections 419, 420, and 409 IPC, subject to specific conditions including personal bond and cooperation in investigation.

What did the court decide?

Anticipatory bail granted with conditions: personal bond of Rs. 50,000, cooperation in investigation, no inducement, no travel abroad without permission.

Brahma Nand Patel Vs State of U.P. — Civil Procedure and Limitation | Allahabad HC (2022)

¶1

Court No. - 78

¶2

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9727 of 2022

¶3

Applicant :- Brahma Nand Patel Opposite Party :- State of U.P. Counsel for Applicant :- Gulab Chandra,Rupesh Kumar Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Krishan Pahal,J.

¶5

Heard Sri Gulab Chandra, learned counsel for the applicant and Sri Vibhav Anand Singh, learned Additional Government Advocate for the State and perused the records.

¶6

The applicant is seeking anticipatory bail in connection with Case Crime No.- 0090 of 2022 under Sections 419, 420, 409 IPC, Police Station - Sinduriya, District - Maharajganj.

¶7

As per the allegations in the FIR, the applicant is said to have embezzled an amount of Rs. 2,982/- by showing fake bills of MNREGA.

¶8

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 applicant is Gram Pradhan and has nothing to do with the said offence. The matter is triable by Magistrate. 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.

¶9

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

¶10

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

¶11

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

¶12

(A) In the event of arrest of the applicant involved in aforesaid case shall be released on anticipatory bail till the submission of

¶13

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;

¶14

(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;

¶15

(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

¶16

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

¶17

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.

¶18

Order Date :- 10.10.2022 Shalini

¶19

Digitally signed by SHALINI JAISWAL Date: 2022.10.11 16:10:53 IST Reason: Location: High Court of Judicature at Allahabad

Brahma Nand Patel v. State of U.P.

Case brief

What is this about?

What did the court decide?

Brahma Nand Patel v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Vishal Mishra Vs State of U.P.

Mohammad Swaleh Maksood Vs State of U.P and Another

Sajid Husain Khan Vs State of U.P. and Another

Smt. Suman and 4 Others Vs State of U.P.and 4 Others

Pushpa Devi and Another Vs State of U.P. and 2 Others

Akhilesh Dutt Chaturvedi Vs state of U.P.