Allowed

Smt. Sanyukta @ Sanyojita Singh v. State of U.P. and Another

Allahabad HC18 Sept 2023ABAIL/1367/2023

Case brief

AI extract

What is this about?

The Allahabad High Court granted anticipatory bail to the applicant in a cheque bounce and cheating case involving alleged fraud of Rs. 3 lacs. The bench held that, based on the applicant's cooperative behavior and lack of credible evidence, bail was appropriate till the trial's conclusion, subject to specific conditions.

What did the court decide?

Application allowed; anticipatory bail granted till conclusion of trial subject to bond of Rs. 50,000 with two sureties and specific conditions.

Smt. Sanyukta @ Sanyojita Singh Vs State of U.P. and… — Anticipatory Bail | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:180153

¶2

Court No. - 73

¶3

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1367 of 2023

¶4

Applicant :- Smt. Sanyukta @ Sanyojita Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Kumar Tiwari Counsel for Opposite Party :- G.A.

¶5

Hon'ble Nalin Kumar Srivastava,J.

¶6

Heard learned counsel for the applicant, learned AGA and perused the material available on record.

¶7

This application for anticipatory bail has been filed by applicant- Smt. Sanyukta @ Sanyojita Singh in connection with Case Crime No. 71 of 2017, under Sections 419, 420, 467, 468, 471, 504, 506 I.P.C., Police Station- Kotwali, District- Fatehpur.

¶8

The main allegation against the accused persons in this case is that on the pretext of providing some employment to the informant, Rs.3 lacs were taken by the present applicant along with other co-accused persons, subsequently they refused to repay the said amount and no employment was provided to the informant. FIR was lodged and now after investigation charge sheet has been submitted.

¶9

It has been submitted by the learned counsel for the applicant that applicant is innocent and she has apprehension of arrest in the above-mentioned case, whereas there is no credible evidence against her. Allegations levelled against the applicant are false. Charge sheet in the matter has been submitted. It is further submitted that no money has been deposited in the bank account of the applicant nor any cash amount has been handed over to her. She has been cooperative during course of investigation and now after submission of the charge sheet she is entitled for anticipatory bail. In case applicant is granted anticipatory bail, she shall not misuse the liberty of bail and would obey all conditions of bail.

¶10

Learned A.G.A. has opposed the prayer for anticipatory bail.

¶11

It appears from perusal of the record that applicant has been cooperative during course of investigation. Now after submission of the charge sheet no custodial interrogation is required. The applicant had been granted interim anticipatory bail vide order dated 15.03.2023 and the said liberty has not been misused.

¶12

7.Although the charge sheet has been submitted in this matter but in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1 , the Hon'ble Apex Court has settled the law on the subject finally by holding that the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial.

¶13

It has been further held therein that anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till end of trial.

¶14

It has been further held by the Hon'ble Apex Court that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, llikelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion.

¶15

Hence, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion of the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till conclusion of trial in the matter.

¶16

The anticipatory bail application is allowed accordingly.

¶17

In the event of arrest of the applicant in the aforesaid case crime, she shall be released on anticipatory bail on her furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :-

¶18

i. The applicant shall not directly or indirectly make any

¶19

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.

¶20

ii. The applicant shall not pressurize/ intimidate the prosecution witness.

¶21

iii.The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which he is suspected.

¶22

iv.The applicant shall not leave India without prior permission of the Court and if she has passport, the same shall be deposited by her before the S.S.P./S.P. concerned.

¶23

In case of breach of any of the above conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of anticipatory bail of the applicant in accordance with law.

¶24

Order Date :- 18.9.2023 Fhd

¶25

Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad

Smt. Sanyukta @ Sanyojita Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Smt. Sanyukta @ Sanyojita Singh 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

Smt. Sunita Vs State of U.P. and Another

Fardeen Vs State of U.P.

Alim Vs State of U.P. and Another

Anoop Kumar Sharma Vs State of U.P. and Another

Hukum Singh and 2 Others Vs State of U.P.

Mange Ram Vs State of U.P. and Another