Allowed

Julfukar v. State of U.P. and Anothers

Allahabad HC3 Jan 2023ABAIL/11559/2022

Case brief

AI extract

What is this about?

Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. where the High Court granted anticipatory bail to the applicant, noting he was already on bail in a related case and no specific role was assigned to him regarding alleged document interpolation.

What did the court decide?

Release on anticipatory bail on furnishing a personal bond of Rs.2,00,000/- each and two sureties of the same amount subject to conditions.

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

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Court No. - 85

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11559 of 2022

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Applicant :- Julfukar Opposite Party :- State Of U.P. And Anothers Counsel for Applicant :- Deepak Kumar Pal Counsel for Opposite Party :- G.A.,Anup Swaroop Srivastava

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Hon'ble Mrs. Jyotsna Sharma,J.

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Heard Sri Veer Pratap Pal, Advocate holding brief for Sri Deepak Kumar Pal, learned counsel for the applicant, Sri Deepak Tripathi, Advocate holding brief for Sri Anup Swaroop Srivastava, learned counsel for the informant, Sri O.P. Mishra, learned A.G.A. for the State and perused the papers on record.

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This application has been filed by applicant with a prayer to grant him anticipatory bail in Case Crime No.0360 of 2022, under sections- 465, 468, 471, 34 I.P.C., Police StationNazibabad, District- Bijnor.

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The submission of the applicant is that he has already been granted benefit of anticipatory bail in this case being Case Crime No.0360 of 2022, under sections- 307, 452, 323, 504, 506, 420 I.P.C. by an order dated 01.11.2022 passed in Criminal Misc. Anticipatory Bail Application (under section 438 Cr.P.C.) No.10586 of 2022. During investigation, sections- 465, 468, 471, 34 I.P.C. were added on the basis of certain facts collected by the Investigating Officer. It is contended that the applicant had no role to play in the alleged incident of interpolation of medical reports and X-ray reports. Infact, an F.I.R. stating the cross version of this case was lodged from the side of the accused persons being Case Crime No.361 of 2022, under sections- 308, 452, 323, 504, 506 I.P.C. The interpolation of the papers, if any, was found in the case of cross F.I.R. It is also contended that there is no evidence at all that it was the applicant, who was instrumental in fabrication of medical papers.

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The application for anticipatory bail is opposed on behalf of the State and informant. However, it is conceded that the applicant is already on anticipatory bail in the present case.

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In view of all the facts and circumstances of the case and especially the fact that there is no specific role assigned to the applicant as to interpolation of medical papers, the benefit of anticipatory bail is made out.

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Let the applicant, Julfukar involved in the aforesaid case crime number be released on anticipatory bail on furnishing personal bond of Rs.2,00,000/- each and two sureties of the same amount before the court concerned subject to the conditions as below:-

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(i) that the applicant shall make himself 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 him 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 previous permission of the court;

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(iv) that 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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In case of breach of any of the above conditions, the court below shall have the liberty to cancel the bail granted to the applicant.

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It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 3.1.2023 Saif

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Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad

Julfukar v. State of U.P. and Anothers

Case brief

What is this about?

What did the court decide?

Julfukar v. State of U.P. and Anothers

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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