Dismissed¶11

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

Allahabad HC9 Jan 2023ABAIL/11992/2022

Case brief

AI extract

What is this about?

Veer Singh, anticipatory bail, 438 CrPC, 41A CrPC, sections 420 468 IPC, Case Crime No. 414 of 2018, Police Station Didoli, District Amroha, co-accused Satyapal, Adhar Card bank loan, settlement between informant and co-accused, no apprehension of arrest, punishable less than 7 years, Satender Kumar Antil v. CBI, LL 2021 SC 550, Allahabad High Court, Subhash Chandra Sharma, rejected, order dated 9.1.2023

What did the court decide?

The offences alleged against the applicant are punishable with imprisonment of less than 7 years, protection u/s 41A Cr.P.C. is already available to him, and therefore there is no apprehension of arrest of the applicant by the police. ¶10

Veer Singh 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. - 11992 of 2022

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Applicant :- Veer Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Meraj Ahmad Khan,Ajay Kumar 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 as well as 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.414 of 2018, under sections 420, 468 I.P.C., Police Station Didoli, District Amroha (J.P. Nagar), during the pendency of investigation.

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Facts in brief are that co-accused Satyapal produced Adhar Card of the informant in the bank for getting loan which was found to be false during verification and name of this applicant was brought into light for trying to settle the matter between the informant and co-accused Satyapal.

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It is submitted by learned counsel for the applicant that applicant has committed no offence except said to have been tried to settle the matter between the informant and co-accused. In this way, no offence is made out against the applicant since the matter is under investigation, therefore, applicant is under apprehension of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.

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Learned A.G.A. has opposed the prayer for anticipatory bail and urged that the offence is said to have been alleged against the applicant are punishable with imprisonment less than 7 years regarding which protection u/s 41A Cr.P.C. is already available to him, therefore, there is no apprehension of arrest by the police against the applicant.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A. and perusal of record, it appears that the offences alleged against the applicant are punishable with sentence of less than 7 years in which protection u/s 41A Cr.P.C. is already available to him, therefore, there is no apprehension of arrest of the applicant by the police. In such a

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situation, there appears no ground to grant anticipatory bail in favour of this applicant. Hence, the anticipatory bail application is, hereby, rejected.

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However, if applicant appears and moves bail application before the court concerned, the same shall be decided as expeditiously as possible in light of law laid down by the Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another LL 2021 SC 550 decided by Hon'ble the Apex Court.

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Order Date :- 9.1.2023 Ashok Gupta

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Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad

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

Case brief

What is this about?

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

Case brief

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