Allowed

Brijpal Singh and 2 Others v. State of U.P.

Allahabad HC17 Apr 2023ABAIL/1019/2023

Case brief

AI extract

What is this about?

The Allahabad High Court granted anticipatory bail to three applicants in a case under IPC sections 420, 465, 468, 470, 471 and other statutes. Relying on the fact that other co-accused received bail, the court ordered release upon filing a personal bond of Rs. 25,000 with two sureties each and compliance with standard conditions.

What did the court decide?

Anticipatory bail granted; conditional release on personal bond of Rs. 25,000 with two sureties each.

Brijpal Singh and 2 Others Vs State of U.P. — Money Laundering | Allahabad HC (2023)

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Court No. - 84

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1019 of 2023

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Applicant :- Brijpal Singh And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Vishal Tandon Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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Heard learned counsel for the applicants as well as learned AGA for the State and perused the material placed on record.

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This anticipatory bail application (under section 438 Cr.P.C.) has been moved by the applicants - Brijpal Singh, Sudesh Kumar and Pravin Kumar seeking bail in Case No.8090 of 2022 arising out of Case Crime No.1020 of 2018, under sections 420, 465, 468, 470, 471 I.P.C. & Section 3/7 Essential Commodities Act & Section 66D I.T. (Amendment) Act, 2000 & Section 34 of Aadhar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act 2016, Police Station Kotwali, District Muzaffarnagar, during the pendency of trial.

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It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. Further submitted that co-accused Kamal Singh, Pramod Snehi, Dharnendra Tyagi, Sunny, Yograj, Satish Kumar, Champa Devi @ Champa Rani, Manoj Kumar & Raju Manchal have already been granted anticipatory bail by co-ordinate Benches of this Court in Criminal Misc. Anticipatory Bail Applicatio Nos.11801 of 2022, 229 of 2023, 1258 of 2023, 282 of 2023 vide orders dated 25.11.2022, 22.02.2023, 17.02.2023 respectively and the case of the present applicants are on similar footing. It is also submitted that after investigation charge sheet has been submitted against the applicants, therefore, applicants are under apprehension of imminent arrest. In case, the applicants are released on bail, they would not misuse the liberty of bail and would cooperate with the trial.

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Learned A.G.A. opposed the prayer for anticipatory bail.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., perusal of record and the fact that other co-accused

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persons have already been enlarged on anticipatory bail and the case of the present applicants is on similar footing to that of aforesaid co-accused persons, therefore, the applicants are also entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98.

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In the event of arrest of the applicants - Brijpal Singh, Sudesh Kumar and Pravin Kumar, they shall be released on anticipatory bail during pendency of trial on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the learned trial court unless exempted;

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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 from disclosing such facts to the Court or to any police office;

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(iii) The applicant shall not leave India without the 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.

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In default of any of the conditions, this bail order shall stand automatically vacated.

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The application stands disposed of.

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Order Date :- 17.4.2023 ss

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Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad

Brijpal Singh and 2 Others v. State of U.P.

Case brief

What is this about?

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Brijpal Singh and 2 Others v. State of U.P.

Case brief

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