Dismissed

Satendra Singh v. State of U.P.

Allahabad HC24 Jan 2023ABAIL/11470/2022

Case brief

AI extract

What is this about?

In an anticipatory bail application, the court refused relief because the applicant was avoiding court process, noting the offence attracted less than seven years imprisonment. The application was disposed of with a direction for expeditious hearing of future bail petitions in light of Supreme Court precedent.

What did the court decide?

Anticipatory bail refused. Case disposed of. Future bail application to be heard expeditiously if moved.

Satendra Singh Vs State of U.P. — 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. - 11470 of 2022

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Applicant :- Satendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Kumar Singh,Pradeep Kumar Singh

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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 applicant, learned A.G.A. for State and perused the record.

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Facts in brief are that applicant was an employee of M/s Deendayal Jalan Retels Pvt. Ltd. Varanasi where co-accused Lakshmi Shankar was working as Manager and this applicant was computer operator in the firm. The return of cloth was made by the customers in the firm regarding which forged bills are said to be issued and later on they were adjusted in the bill of other customers for grabbing money of the firm.

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It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. He has committed no offence but allegation regarding grabbing of money was against co-accused Lakshmi Shankar who was manager. This applicant earned meager income and never committed forgery but F.I.R. was lodged against him by the informant with other co-accused persons. There is nothing on record to show that this applicant has also committed the offence. After conclusion of investigation charge sheet has been submitted before the learned court. Lastly, it is submitted that the applicant is under apprehension of imminent arrest. In case, he is released on bail, he would not misuse the liberty of bail and would cooperate with the trial.

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On the other hand, learned AGA opposed the prayer of anticipatory bail.

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Considering the facts and circumstances of the case and submissions made by learned counsel for the parties and the fact that after conclusion of investigation charge sheet has been submitted by the police before the learned court and offence are punishable with imprisonment less than seven years and the applicant is avoiding the process of the court, hence no good ground is made out for anticipatory bail.

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The anticipatory bail application of applicant Satendra Singh involved in Case Crime No. 355 of 2022, under Sections 406, 420 IPC, P.S. Cantt, District Varanasi (Commissionerate Varanasi) is hereby refused .

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However, it is directed that in case, the applicant appears and moves bail application before the court concerned, it will be heard and decided expeditiously as far as possible in the light of case decided by Hon'ble the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another LL 2021 SC 550.

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The present anticipatory bail application is disposed of finally. Order Date :- 24.1.2023 A. Singh

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

Satendra Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Satendra Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

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