Allowed

Neha Singh v. State of U.P. and Another

Allahabad HC13 Sept 2023ABAIL/10253/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed an anticipatory bail application filed by Neha Singh in a case under Section 306 IPC. Granted on grounds of parity with co-accused who already secured bail and the applicant's lack of criminal record, the court imposed standard conditions including appearance, non-interference, and travel restrictions.

What did the court decide?

Anticipatory bail granted on personal bond and two sureties till conclusion of trial with conditions to appear, not tamper with evidence, and obtain court permission for travel abroad.

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

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Neutral Citation No. - 2023:AHC:177531

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10253 of 2023

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Applicant :- Neha Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Tyagi Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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No one is present on behalf of the applicant to press the present anticipatory bail application. Learned A.G.A. is present.

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

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The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 273 of 2021, registered under Section 306 I.P.C. at Police Station- Najibabad, District- Bijnor with a prayer to enlarge her on anticipatory bail.

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A bare perusal of the instant anticipatory bail application indicates that the case of the applicant is at par with co-accused persons Dolly @ Vandana Rajput and Gaurav, who have already been granted anticipatory bail by this Court vide order dated 19.4.2023 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.4382 of 2023.

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The prayer for anticipatory bail has been vehemently opposed by Sri Satya Prakash Pandey, learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him and the fact that there is no criminal history of the applicant.

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Considering the facts and circumstances of the case, submissions made by learned A.G.A., the evidence on record, pending trial and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgement passed by the Apex Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021, without expressing any opinion on the merits of the case, the Court is of the view that the applicant

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has made out a case for anticipatory bail. The anticipatory bail application is allowed on the ground of parity.

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In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Neha Singh be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i). that the applicant shall make herself available for interrogation by a police officer as and when required;

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(ii). that 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 or tamper with the evidence;

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(iii). that the applicant shall not leave India without the previous permission of the court;

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(iv). that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;

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(v). that the applicant shall not pressurize/ intimidate the prosecution witness;

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(vi). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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(vii). that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

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It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.

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Order Date :- 13.9.2023 Vikas

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[Krishan Pahal, J.]

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Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad

Neha Singh v. State of U.P. and Another

Case brief

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Neha Singh v. State of U.P. and Another

Case brief

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