Allowed

Kuldeep Pachauri v. State of U.P.

Allahabad HC8 Aug 2023ABAIL/16551/2021

Case brief

AI extract

What is this about?

This court granted anticipatory bail to the applicant in a case involving cheating and forgery, following the legal principle laid down in Sushila Aggarwal. The application was allowed conditionally without prejudicing the trial court's independent assessment of evidence.

What did the court decide?

Anticipatory bail granted pending conclusion of trial by furnishing a personal bond with two sureties and complying with standard bail conditions.

Kuldeep Pachauri Vs State of U.P. — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:159229

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 16551 of 2021

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Applicant :- Kuldeep Pachauri Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Dwivedi,Pankaj Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard Sri Ram Ji Mishra, Advocate holding brief of Sri Pankaj Kumar Shukla, learned counsel for the applicant as well as Sri Varun Pratap Singh, learned A.G.A. for the State and also perused the record.

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The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 635 of 2010, under Sections 420, 467, 468, 471 of IPC, Police Station Kotwali Nagar, District Bulandshahar, with a prayer to enlarge him on anticipatory bail.

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As per prosecution story, the applicant is stated to have got a job as Teacher on the basis of fake documents of Sampurnanand Sanskrit University, Varanasi.

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Learned counsel for the applicant has stated that the applicant is maliciously being prosecuted in the present case due to ulterior motive and has apprehension of his arrest. He has nothing to do with the said offence as alleged by the prosecution. Learned counsel has further stated that the closure report was filed in the year 2010 and the matter was closed once for all. After a gap of eight years, an order for further investigation was passed by learned Magistrate and at that investigation, the applicant has been implicated in the case. The applicant was granted interim protection by this Court vide order dated 29.10.2021 and he has cooperated during investigation and is ready to cooperate in future also.

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Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. It is further submitted that the applicant has no criminal antecedents. In case, the anticipatory bail application of the applicant is allowed, he will not misuse the liberty and shall cooperate with trial.

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On the other hand, learned A.G.A. has vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history.

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Considering the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in the case of " Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98 ", the applicant is entitled to be granted anticipatory bail in this case.

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Without expressing any opinion upon ultimate merits of the case either ways which may adversely affect the trial of the case, the anticipatory bail application of the applicant is allowed .

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In the event of arrest of the applicant, Kuldeep Pachauri involved in the aforesaid case crime number, shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:-

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i. that the applicant shall make himself available for interrogation by a police officer as and when required;

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

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

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iv. that the applicant shall not tamper with the evidence during the trial; v. that the applicant shall not pressurize/ intimidate the prosecution witness;

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

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In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant.

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It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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(Justice Krishan Pahal)

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Order Date :- 8.8.2023 Siddhant

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Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad

Kuldeep Pachauri v. State of U.P.

Case brief

What is this about?

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Kuldeep Pachauri v. State of U.P.

Case brief

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