Allowed

Rajkumar v. State of U.P.

Allahabad HC13 Sept 2023ABAIL/10238/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed an anticipatory bail application under Section 438 Cr.P.C. filed by Rajkumar regarding an IPC cheating case. The grant was based on parity with a co-accous previously granted bail and the applicant's lack of criminal antecedents. The order laid down standard conditions including bail amount and cooperation with police.

What did the court decide?

Grants anticipatory bail until the submission of the police report under S. 173(2) Cr.P.C., subject to conditions including a bond and reporting to the IO.

Rajkumar Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:177375

¶2

Court No. - 72

¶3

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10238 of 2023

¶4

Applicant :- Rajkumar Opposite Party :- State of U.P. Counsel for Applicant :- Brijesh Kumar Counsel for Opposite Party :- G.A.

¶5

Hon'ble Krishan Pahal,J.

¶6

List has been revised.

¶7

No one is present on behalf of the applicant to press the anticipatory bail application. Sri Sunil Kumar, learned A.G.A. is present.

¶8

The lawyers are abstaining from work today. This Court has itself perused the material available on record.

¶9

The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.172 of 2022, registered under Sections 411, 413, 414, 419, 420, 467, 468 and 471 IPC at Police Station- Attarsuiya, District Prayagraj with a prayer to enlarge him on anticipatory bail.

¶10

Learned A.G.A. has informed that the co-accused person Golu Yadav has already been granted anticipatory bail by Coordinate Bench of this Court vide order dated 29.03.2023 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.657 of 2023. Therefore, the present applicant is also entitled for anticipatory bail on the ground of parity. Learned A.G.A. has also informed that the applicant has no criminal antecedents to his credit.

¶11

Considering the submissions made by learned A.G.A., this Court is of the view that the applicant has made out a case for grant of anticipatory bail on the ground of parity.

¶12

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

¶13

(A) In the event of arrest of the applicant- Rajkumar 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

¶14

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;

¶15

(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;

¶16

(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 her from disclosing such facts to the Court or to any police officer; and

¶17

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

¶18

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.

¶19

Order Date :- 13.9.2023

¶20

Ravi Kant

¶21

(Krishan Pahal, J.)

¶22

Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad

Rajkumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rajkumar 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

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Akshay and Another Vs State of U.P.

Subhash Chandra Vs State of U.P. and Another

Govardhan Singh Vs State of U.P. and Another

Neha Singh Vs State of U.P. and Another

Syyed Moazzam Ali Vs State of U.P. and Another

Akhilesh Vs State of U.P. and 2 Others