Allowed

Ravi Kumar and 2 Others v. State of U.P. and Another

Allahabad HC22 May 2023ABAIL/5102/2023

Case brief

AI extract

What is this about?

This judgment allows an anticipatory bail application filed by Ravi Kumar, Heeralal, and Kayam Singh. The Court held it was a fit case to grant bail until the conclusion of the trial in a case involving cheating and forgery charges, based on submitted affidavits and the nature of the apprehended arrest, citing relevant Supreme Court precedents.

What did the court decide?

Application allowed; applicants released anticipatorily at risk on personal bond of Rs. 50,000 with sureties subject to non-tampering and non-escape conditions.

Ravi Kumar and 2 Others Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:111559

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Court No. - 84

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5102 of 2023

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Applicant :- Ravi Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Somdev Dixit Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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Supplementary affidavit filed today is taken on record.

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

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This application for anticipatory bail has been filed by applicants- 1. Ravi Kumar, 2. Heeralal and 3. Kayam Singh in connection with Case Crime No. 42 of 2021, under sections 420, 467, 468, 406, 506 IPC, P.S. Shikohabad, District- Firozabad.

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It is alleged in the FIR against the accused applicant that on persuasion of present accused applicant sale deed of some property was got executed by the informant in his favour by vendor Sunil Kumar whereas the said Sunil Kumar has no authority to sell that property to the informant. A huge monitory loss was caused to the informant by fraudulent act of the accused applicant. FIR was lodged and after investigation charge sheet has been submitted.

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It has been argued by the learned counsel for the applicants that applicants are innocent and they have apprehension of arrest in the above-mentioned case, whereas there is no credible evidence against them. Allegations levelled against the applicants are false. It is further submitted that they are not the vendor or vendee in the alleged sale deed. They are not the witnesses even in the said transaction and no consideration has been passed in their favour. During course of investigation anticipatory bail was granted to the applicants in Cr. Misc. Anticipatory Bail Application U/S 438 CR.P.C. No. - 7965 of 2021 by order dated 19.3.2021. Now the charge sheet has been submitted and they have been cooperative with the I.O. of the case throughout the investigation. It is further submitted that after filing of the charge sheet no punitive order has been passed by the Court against them. It is further submitted that

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the accused applicants have no criminal history. After investigation charge sheet has been submitted in the matter. In case applicants are granted anticipatory bail, they 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 reveals from the perusal of the record that no process under Section 82/83 Cr.P.C. has been issued against the applicants till date and they have cooperated during the investigation. No custodial interrogation is now required in the matter.

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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 applicants 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 applicants 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 applicants in the aforesaid case crime, they shall be released on anticipatory bail on their

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

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iii.The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.

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iv.The applicants shall not leave India without prior permission of the Court and if they have passport, the same shall be deposited by them 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 applicants in accordance with law.

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Order Date :- 22.5.2023 Fhd

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

Ravi Kumar and 2 Others v. State of U.P. and Another

Case brief

What is this about?

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Ravi Kumar and 2 Others v. State of U.P. and Another

Case brief

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