Allowed

Dinesh Sonkar v. State of U.P and Another

Allahabad HC23 Jan 2023ABAIL/12387/2022

Case brief

AI extract

What is this about?

The Allahabad High Court granted anticipatory bail to Dinesh Sonkar, a handicapped petitioner arrested on charges of cheating and forgery, subject to a personal bond and conditions including availability for interrogation and not leaving India.

What did the court decide?

Anticipatory bail granted till submission of police report, subject to furnishing a personal bond of Rs. 25,000/- with two sureties and adherence to specified conditions.

Dinesh Sonkar Vs State of U.P and Another — Cheque Dishonour | 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. - 12387 of 2022

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Applicant :- Dinesh Sonkar Opposite Party :- State Of U.P And Another Counsel for Applicant :- Aswani Kumar,Kunwar Abhishek,Raman Pandey 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 counsel for informant as well as learned counsel for the opposite party 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.148 of 2022, under sections 419, 420, 467, 468, 471, 506 I.P.C., Police Station Purani Basti, District Basti, during the pendency of investigation.

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Facts in brief are that an F.I.R. was lodged by informant Vivek Kumar Pandey that this applicant along with three other coaccused persons took Rs.36,000/- from the informant in relation to get Gata No.270 in the name of informant as house. Coaccused, Amit alias Vicky and Pankaj assisted this applicant and also a forged certificate was said to be issued from the Municipal Board, which was also given to him by them.

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It is submitted by learned counsel for the applicant that in this case, applicant has falsely been implicated as being servant at the house of informant prior to the alleged F.I.R. It is also submitted that property as aforesaid was in the name of Aneeta, who is the mother of co-accused Amit @ Vicky, therefore, it cannot be said that co-accused will assist someone to get his own property transferred in favour of third person. It is also submitted that co-accused Sunil and Amit have already been exonerated during investigation. He further submitted that applicant is a handicapped and is said to be working in Kutchery, which cannot be possible for such a person. Since investigation is going on, therefore, there is an apprehension of imminent arrest by police. So he makes request for grant of anticipatory bail. 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.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties as well as learned A.G.A. and perusal of record, without expressing any opinion on the merits of the case, it appears that there is ground to grant anticipatory bail in favour of this applicant.

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In the event of arrest of the applicant- Dinesh Sonkar , shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

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(i) The applicant shall make himself available for interrogation by a police office as and when required;

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(ii) 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 from disclosing such facts to the Court or to any police office;

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(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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Order Date :- 23.1.2023 Shivangi

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Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad

Dinesh Sonkar v. State of U.P and Another

Case brief

What is this about?

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Dinesh Sonkar v. State of U.P and Another

Case brief

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