A single judge granted anticipatory bail to the applicant under Section 438 Cr.P.C. in a pending investigation regarding cheating and forgery offences, based on existing Supreme Court precedents.
Anticipatory bail granted with personal bond of Rs.50,000/- and two sureties on specified conditions.
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Neutral Citation No. - 2023:AHC:125736
Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6128 of 2023
Applicant :- Smt. Sudha Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Sengar Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
(1) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation.
(2) 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 her from disclosing such facts to the Court or to any police officer.
(3) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
(4) The applicant shall surrender her passport, if any, to the concerned Court forthwith. Her passport will remain in custody of the concerned Court.
(5) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
(6) In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 .
(7) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of her bail and proceed against her in accordance with law.
Order Date :- 9.6.2023 Krishna*/A
Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether anticipatory bail is maintainable in the present case under Section 438 Cr.P.C.
Colour shows how this judgement treated each authority
Sushila Aggarwal vs. State (NCT of Delhi)Explained¶10
Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 · Who else cites this
1 provisions across 1 enactments
Smt. Sudha Devi
Shekhar Kumar Yadav
Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
