Allowed

Shamsher Singh and 2 Others v. State of U.P. and 2 Others

Allahabad HC13 Apr 2023ABAIL/608/2023

Case brief

AI extract

What is this about?

Single judge allowed anticipatory bail to applicants charged under IPC and Mines and Minerals Act. Court imposed conditions including personal bond, sureties, and appearance requirements, noting applicants were cooperating in investigation and accused falsely.

What did the court decide?

Released on anticipatory bail with personal bond and two sureties each; conditions for interrogation, non-interference, no leaving country, no pressurizing witnesses, and court attendance imposed.

Shamsher Singh and 2 Others Vs State of U.P. and 2… — 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. - 608 of 2023

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Applicant :- Shamsher Singh And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- G.S. Chauhan Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard learned counsel for the applicants and Sri Yogesh Kesarwani, learned A.G.A. for the State as well as perused the record.

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The present application has been moved seeking anticipatory bail in Case Crime no. 505 of 2017, under Sections 379, 411, 420, 467, 468, 471 IPC and 3/57/70, 4/21 Mines and Minerals Act, Police Station- Mauranipur, District- Jhansi, with the prayer to enlarge them on anticipatory bail.

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Learned counsel for the applicants has argued that the applicants are absolutely innocent and have been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize them. The applicants were granted interim protection by a co-ordinate Bench of this Court vide order dated 1.2.2023 and they have not misused the said liberty. Learned counsel has stated that there are the owners of the truck and the minerals were being transported by the drivers of the truck respectively without their knowledge. No offence, whatsoever, has been committed by the applicants. There is no criminal history of the applicants. It is further stated that applicants are co-operating in the investigation and are ready to cooperate in future also. There is no likelihood of the applicants repeating the said offence, if any. Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegations made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon at length.

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Learned A.G.A. has opposed the prayer for grant of anticipatory bail but has not disputed the fact that applicants have no criminal history and the aforesaid submissions of learned counsel for the applicants.

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On due consideration to the arguments advanced by 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

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of Delhi)- (2020) 5 SCC 1 ", the applicants are entitled to be released on anticipatory bail in this case.

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In view of the above, the anticipatory bail application of the applicants is allowed . In the event of arrest, let the accusedapplicants- Shamsher Singh, Shrikant and Somil be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned/Station House Officer of the police station concerned with the following conditions:-

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that the applicants shall make themselves available for interrogation by a police officer as and when required;

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that 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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that the applicants shall not leave India without the previous permission of the court;

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that in case charge-sheet is submitted the applicants shall not tamper with the evidence during the trial;

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that the applicants shall not pressurize/ intimidate the prosecution witness;

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that the applicants 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.

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It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.

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(Justice Krishan Pahal)

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Order Date :- 13.4.2023 Shalini

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Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad

Shamsher Singh and 2 Others v. State of U.P. and 2 Others

Case brief

What is this about?

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Shamsher Singh and 2 Others v. State of U.P. and 2 Others

Case brief

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