Allowed

Ashish Kumar Singh v. State of U.P. and Another

Allahabad HC7 Jul 2023ABAIL/4570/2023

Case brief

AI extract

What is this about?

The Allahabad High Court granted anticipatory bail to the applicant in a case involving allegations of cheating and forgery. Upholding settled principles, the court held it a fit case for bail until trial, emphasizing the applicant's cooperation and lack of credible evidence against him.

What did the court decide?

Application allowed; anticipatory bail granted subject to personal bond of Rs. 50,000 with two sureties and conditions against tampering, intimidation, and foreign travel.

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

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Neutral Citation No. - 2023:AHC:134016

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4570 of 2023

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Applicant :- Ashish Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satyendra Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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

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This application for anticipatory bail has been filed by applicant- Ashish Kumar Singh in connection with Case Crime No. 1315 of 2018 under sections 420, 406, 504, 506 IPC, P.S. Cantt. District- Varanasi.

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It is alleged in the FIR that on pursuation of the co-accused Kuldip Choudhary the informant agreed to purchase a plot which was said to be the property of Emerald Infracity Private Ltd. and in pursuation of that oral agreement Rs.6 lacs through cheque and cash were paid by the informant but subsequently no sale deed was executed by the company. It is alleged that the present accused applicant is one of the Directors of the aforesaid company. FIR was lodged on 23.11.2018 and investigation started, which was culminated into charge sheet.

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It has been argued by the learned counsel for the applicant that applicant is innocent and he has apprehension of arrest in the above-mentioned case, whereas there is no credible evidence against him. Allegations levelled against the applicant are false. It is further submitted that the present applicant has no concern in the matter. It is further submitted that the applicant is not the Director of the company as alleged in the FIR. It is further submitted that there is no written agreement between the informant and the accused person from the company itself and it was not probable that without any written agreement Rs.6 lacs as advance money were paid by the informant. It is further submitted that during the course of investigation the accused applicant has been cooperative with the I.O. of the case and now after filing of the charge sheet he is entitled for anticipatory bail. In case applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail.

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

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It appears from perusal of the record that there is no written agreement between the parties on record. The offences alleged against the applicant are punishable with the imprisonment for a maximum period of seven years. He has been cooperative during course of investigation and now after filing of the charge sheet no custodial interrogation is required.

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In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1 , the Hon'ble Apex Court has settled the controversy finally by holding the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial.

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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.

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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.

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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.

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The anticipatory bail application is allowed accordingly.

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In the event of arrest of the applicant in the aforesaid case crime, he shall be released on anticipatory bail on his 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 :-

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i. The applicant shall not directly or indirectly make any

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

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

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

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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.

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Order Date :- 7.7.2023 Fhd

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

Ashish Kumar Singh v. State of U.P. and Another

Case brief

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Ashish Kumar Singh v. State of U.P. and Another

Case brief

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