Allowed

Panna Lal and 6 Others v. State of U.P. and Another

Allahabad HC6 Jan 2023ABAIL/10547/2022

Case brief

AI extract

What is this about?

High Court granted anticipatory bail to applicants implicated in robbery case involving shop dispute. Court allowed bail subject to personal bond with sureties and cooperation with investigation. Order automatically vacates if applicants fail to cooperate.

What did the court decide?

Applicants released on anticipatory bail by furnishing personal bond with two sureties each. Order automatically vacated if applicants do not cooperate with trial.

Panna Lal and 6 Others Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2023)

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Court No. - 80

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10547 of 2022

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Applicant :- Panna Lal And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ansar Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicants, 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 seeking bail in Case Crime No. 100 of 2018, under sections 392, 452 IPC, Police Station- Saifai, DistrictEtawah.

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Facts in brief are that the complainant filed an application u/s 156(3) Cr.P.C. before the learned court making allegation against 11 named and 8 unknown persons to commit robbery in the mobile shop of the complainant. Application was treated as complaint after recording the statements of complainant and witnesses, applicants were summoned under Sections 392, 452 IPC.

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It is submitted by learned counsel for the applicants that they are innocent and have been falsely implicated in this case. There was dispute between the parties relating to the shop regarding which civil litigation is pending. For making pressure, this complaint including false allegation has been filed by the complainant after 13 days of the alleged incident. Nothing has been recovered from the possession of these applicants. Process has been issued by learned trial court against the applicant. Lastly, it is submitted that the applicants are under apprehension of imminent arrest. In case, they are released on bail, they would not misuse the liberty of bail and would cooperate with the investigation.

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Learned AGA has 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 parties, without expressing any opinion on the merits of the case and considering the nature of accusation and their antecedents, the applicant is entitled to be released on anticipatory bail .

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Let the applicants- Panna Lal, Kamlesh Chandra, Rajveer Singh, Satish Chandra, Sahdev Singh, Varun Kumar and Girand Singh shall be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned/ S.H.O. in case of arrest.

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In case, applicants do not cooperate with trial, this order shall be deemed to be automatically vacated or cancelled.

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Order Date :- 6.1.2023 A. Singh

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Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad

Panna Lal and 6 Others v. State of U.P. and Another

Case brief

What is this about?

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Panna Lal and 6 Others v. State of U.P. and Another

Case brief

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