Allowed

Surendra Nagar Alias Surender Singh v. State of U.P.

Allahabad HC28 Jan 2023ABAIL/12483/2022

Case brief

AI extract

What is this about?

The Court granted anticipatory bail under Section 438 Cr.P.C. to Surendra Nagar in an IPC fraud case, noting he is a bonafide purchaser and other co-accused have bail. Bail is valid until the police report under Section 173(2) Cr.P.C. is filed, subject to furnishing a bond and observing specific conditions.

What did the court decide?

Accorded anticipatory bail till the submission of police report under Section 173(2) Cr.P.C. on a personal bond of Rs. 25,000/- with two sureties, subject to conditions of availability, not influencin

Surendra Nagar Alias Surender Singh Vs State of U.P. — Anticipatory Bail | 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. - 12483 of 2022

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Applicant :- Surendra Nagar Alias Surender Singh Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Bhushan Singh,Punita Singh 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. 439 of 2020, under sections 147, 323, 420, 467, 468, 471, 447, 506, 120-B I.P.C., Police Station Vijay Nagar, District Ghaziabad.

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Facts in brief are that an F.I.R. was lodged on 13.03.2020 by the informant that from 15.10.2017 to 03.11.2019, Gaurav Rana, co-accused alongwith his other companion sold some land fraudulently on the basis of forged power of attorney in which this applicant also purchased a plot.

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It is submitted that in this case, the applicant is innocent and bonafide purchaser of the land, which was sold in his favour by co-accused, Gaurav Rana, who is in jail. This applicant purchased the land by paying proper consideration and now he is living after constructing house on the said land. It is also submitted that no any fraudulent transaction has been said to be done by this applicant except purchasing the said land. It is also submitted that co-accused, Devendra Tomar and Surendra Nagar have already been granted anticipatory bail by this Court in Anticipatory Bail Application Nos. 6155 of 2020 dated 06.10.2020 and 4140 of 2020 dated 10.07.2020. It is also submitted that the investigation in this case is going on and there is apprehension of arrest of these applicants by the police, therefore, requests for anticipatory bail.

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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 applicant as well as learned A.G.A., the perusal of record and without commenting on the merits of the case and the fact that other coaccused persons have already been granted anticipatory bail and this applicant is also bonafide purchaser and have not transferred the land fraudulently, therefore, the applicant is entitled to be released on anticipatory bail in this case for the

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limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98.

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In the event of arrest of the applicant- Surendra Nagar Alias Surender Singh, 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 :- 28.1.2023 Vibha Singh

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

Surendra Nagar Alias Surender Singh v. State of U.P.

Case brief

What is this about?

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Surendra Nagar Alias Surender Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

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