Sachin v. State of U.P.
Case brief
What is this about?
The Allahabad High Court granted anticipatory bail to the applicant in a case involving Sections 420, 489 IPC, pending the filing of a police report. The court held the application allowed subject to bond conditions.
What did the court decide?
Grant of anticipatory bail until filing of police report under Section 173 Cr.P.C. on furnishing of personal bond of Rs. 50,000 and two sureties.
What the court decided
Neutral Citation No. - 2023:AHC:216041
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11315 of 2023
Applicant :- Sachin Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Kant Pandey,Mahabeer Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
- Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
- This application has been moved on behalf of the applicant - Sachin seeking anticipatory bail in Case Crime No. 128 of 2023, under Sections- 420, 489-(a), (b), (c) and 34 IPC, Police StationBhojipura, District- Bareilly.
- There is allegation of recovery of counterfeit currency from the possession of co-accused persons, Saddam Hussain and Harvansh @ Sonu.
- It has been argued by the learned counsel for the applicant that applicant is innocent and he has apprehension of arrest in the above-mentioned case, whereas there is no credible evidence against him. Allegations levelled against the applicant are false. Investigation is going on in the matter against the present applicant. It is further submitted that the applicant was not named in the FIR. It is further submitted that the name of the present applicant came on surface on the basis of the statement of coaccused persons, who were arrested by the police on spot. There is no allegation of misuse of any counterfeit currency. It is further submitted that on the same footings and having similar role coaccused Afsar has already been granted anticipatory bail by this Court in Cr. Misc. Anticipatory Bail Application U/S 438 CR.P.C. No. - 3330 of 2023 by order dated 4.4.2023In case applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to anticipatory bail under Section 438 Cr.P.C. in a case involving allegations of cheque dishonour and counterfeit currency.
Whether the applicant's apprehension of arrest is founded on material evidence.
What conditions should be imposed on the grant of anticipatory bail to the applicant.
Parties & counsel
- applicant
Sachin
Coram
Nalin Kumar Srivastava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- ABAIL/11315/2023
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