Allowed

Prem Narayan v. State of U.P.

Allahabad HC1 May 2023ABAIL/4223/2023

Case brief

AI extract

What is this about?

This court granted anticipatory bail to the applicant in a criminal case involving forgery and cheating, relying on the Supreme Court decision in Sushila Aggarwal. The court maintained that granting bail would not prejudice the trial despite disputed evidence regarding a death certificate.

What did the court decide?

Anticipatory bail granted on personal bond with two sureties, subject to standard conditions including absence from India without permission and no tampering with evidence.

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

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Court No. - 83

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4223 of 2023

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Applicant :- Prem Narayan Opposite Party :- State of U.P. Counsel for Applicant :- Imaran Ahmad,Amrita Kashyap,Rupa Counsel for Opposite Party :- G.A.,Fakhruzzaman

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Hon'ble Krishan Pahal,J.

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Heard Sri Mukesh Kumar Pandey, Advocate holding brief of Ms. Rupa Singh, learned counsel for the applicant and Sri Fakhruzzaman, learned counsel for the informant as well as Sri Nitin Kesarwani, 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 Case No.246 of 2016 arising out of F.I.R./Case Crime No. 267 of 2015, under Sections 419, 420, 465, 466, 468, 471 & 120-B of IPC, Police Station Render, District Jalaun, with a prayer to enlarge him on anticipatory bail.

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As per prosecution story, the applicant is stated to have forged the signatures of the uncle of the informant in the Bank after he had already expired in the year 2011.

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Learned counsel for the applicant has stated that the applicant, who is a nephew of the deceased person, is maliciously being prosecuted in the present case due to ulterior motive and has apprehension of his arrest. The applicant has nothing to do with the said offence as it was found that the deceased person himself had withdrawn his money and he had died after the date mentioned by the applicant. Learned counsel has further stated that the closure report was filed in the case. Subsequent to it, after filing of the protest petition by the informant, the applicant has been summoned which was challenged by filing an application u/s 482 Cr.P.C. and the same was disposed of vide order dated 25.11.2021.

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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 counsel for the informant as well as learned A.G.A. have vehemently opposed the prayer for grant of anticipatory bail on the ground that the said death certificate relied on by the Bank Manager and the Investigating Officer is fake and the death certificate supplied by the informant is genuine. However, they could not dispute the fact that the closure report has been filed in the case 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, Prem Narayan 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; 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 below 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 :- 1.5.2023 Siddhant

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

Prem Narayan v. State of U.P.

Case brief

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Prem Narayan v. State of U.P.

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