Allowed

Parul v. State of U.P. and Another

Allahabad HC6 Feb 2023ABAIL/13543/2022

Case brief

AI extract

What is this about?

The High Court allowed an anticipatory bail application filed by the appellant, who was falsely named in a case involving fraud. The court observed that a case was made out and granted bail until the chargesheet was submitted, subject to standard conditions.

What did the court decide?

Release of the applicant on anticipatory bail till submission of chargesheet on furnishing a personal bond with two sureties.

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

¶1

Court No. - 85

¶2

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13543 of 2022

¶3

Applicant :- Parul Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Pandey Counsel for Opposite Party :- G.A.

¶4

Hon'ble Mrs. Jyotsna Sharma,J.

¶5

Heard Sri Rajesh Kumar Pandey, learned counsel for the applicant, Sri O.P. Mishra, learned A.G.A. for the State and perused the record.

¶6

The instant anticipatory bail application has been filed on behalf of the applicant with a prayer to release her on bail in Case Crime No. 0836 of 2022, under Sections 420, 406, 467, 468, 471, 504, 506, 120B IPC, Police Station Kotwali Dehat, District Bulandshahr.

¶7

As per prosecution case, one Parvinder Kumar Tewatia, the present applicant-Parul, who happens to be his daughter, Lokesh, wife of Lokesh- Bharti Devi and Rajeev in pursuance of conspiracy wrested Rs. 4 lakhs from the first informant on false assurance of securing a job for him in Niti Ayog of the Central Government.

¶8

It is contended on behalf of the applicant that she is daughter of the named accused Parvinder Kumar Tewatia and has been named just to put pressure on him and his family members so that the matter gets settled; she has been falsely named and that she took no part in the alleged conspiracy; the main allegations have been imputed against her father and she is suffering just because she happens to be his daughter.

¶9

The application for anticipatory bail is opposed by learned AGA for the State.

¶10

In case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and

¶11

that the exact role of the accused has also to be taken into consideration.

¶12

In the instant case, I considered submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, In my view, a case for anticipatory bail is made out.

¶13

Let the applicant, Parul involved in the aforesaid case crime number be released on anticipatory bail till submission of chargesheet on furnishing a personal bond with two sureties each of the same amount to the satisfaction of the court concerned, subject to the conditions as below:-

¶14

(i) that the applicant shall make herself available for interrogation by a police officer as and when required;

¶15

(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 her from disclosing such facts to the court or to any police officer or tamper with the evidence;

¶16

(iii) that the applicant shall not leave India without previous permission of the court;

¶17

(iv) that the applicant shall not tamper with the evidence during the trial;

¶18

(v) that the applicant shall not pressurize/ intimidate the prosecution witness;

¶19

(vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted.

¶20

9. 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.

¶21

10. It is made clear that observations made herein shall not in any way affect the learned trial Judge in forming his independent opinion at any stage of the case based on material before him.

¶22

Order Date :- 6.2.2023 #Vikram/-

¶23

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

Parul v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Parul v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Asmat Ali Vs State of U.P. and Another

Kadar Khan Vs State of U.P and Another

Lukesh Arora and Another Vs State of U.P. and Another

Ravi Verma Vs State of U.P. and 3 Others

Munni Alias Manno Devi and 5 Others Vs State of U.P. and Another

Rahul Vs State of U.P.