Allowed

Ang Pratap Bhan Singh @ Satendra Pratap Singh v. State of U.P.

Allahabad HC13 Sept 2022BAIL/9961/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application for an applicant charged with cheating and forgery under the IPC. The judge, without expressing an opinion on the merits of the case, deemed it fit to grant bail subject to specific conditions regarding the applicant's presence in court and prohibitions on seeking adjournments.

What did the court decide?

Release of the applicant on bail upon furnishing a personal bond and two reliable sureties each of the like amount, subject to specific conditions of court attendance and prohibition of adjournment se

Ang Pratap Bhan Singh @ Satendra Pratap Singh Vs… — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9961 of 2022

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Applicant :- Ang Pratap Bhan Singh @ Satendra Pratap Singh Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar,Mohit Singh Counsel for Opposite Party :- G.A.

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Hon'ble Piyush Agrawal,J.

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Counter affidavit filed today is taken on record.

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Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.

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The present bail application has been filed by the applicant seeking bail in Case Crime No. 503 of 2020, under Sections 406, 420, 467, 468, 471, IPC, Police Station- Kasganj, District - Kasganj.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is submitted that what ever amount was deposited by the complainant the same was deposited with the aforesaid company and the applicant has no concern with the business of aforesaid company. He further submitted that there is no public or independent witness to support the case of the prosecution. He further submitted that there is no evidence on record to show as to who has committed the fraud with the complainant. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 30.12.2021 and the possibility of conclusion of trial in near future is very bleak.

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Learned A.G.A. has, however, opposed the prayer for grant of bail, but he has not disputed the above contention made by the learned counsel for the accused-applicant.

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Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

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Let applicant namely Ang Pratap Bhan Singh be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following

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conditions:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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(Piyush Agrawal, J.)

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Order Date :- 13.9.2022 samz

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Digitally signed by SYED AKHTARMOHAMMAD MEQDAD Date: 2022.09.13 14:32:13 IST Reason: Location: High Court of Judicature at Allahabad

Ang Pratap Bhan Singh @ Satendra Pratap Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ang Pratap Bhan Singh @ Satendra Pratap Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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