Allowed

Nityanand Tiwari v. State of U.P. and Another

Allahabad HC23 Jun 2023ABAIL/6487/2023

Case brief

AI extract

What is this about?

This court granted anticipatory bail to the applicant in a criminal case involving cheating and forgery. The bail was valid until the submission of the police report under Section 173(2) Cr.P.C., subject to the furnishing of a personal bond and two sureties, and adherence to specific conditions.

What did the court decide?

Anticipatory bail granted until submission of police report under Section 173(2) Cr.P.C. on furnishing personal bond of Rs. 25,000 with two sureties.

Nityanand Tiwari Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:128212

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Court No. - 47

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6487 of 2023

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Applicant :- Nityanand Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajeet Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Ms. Nand Prabha Shukla,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.

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This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.360 of 2022, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station -Chaubepur, District -Varanasi during the pendency of trial.

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It has been contented by learned counsel for the applicant that the applicant was serving as a 'Digital Mitra' for licensing and registration as per the department of the Food Safety and Standards Authority of India. It has further been stated that the applicant received payments from the business men in view of the responsibility assigned to him. Whatever fees/payment was received from the business men for the licence and registration, the same was deposited online and the receipts were collected from the internet. It has further been argued that the applicant has been falsely implicated. Since investigation is going on and the applicant is under apprehension of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.

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Learned A.G.A. opposed the prayer as aforesaid.

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On considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., perusal of record and without making any further comment on the merits of the case, the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)2020 SCC Online SC 98.

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In the event of arrest of the applicant- Nityanand Tiwari shall be released on anticipatory bail till the submission of police report under Section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 25,000/- with two sureties each to the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

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(i) The applicant shall make himself available for interrogation by a police office as and when required;

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(ii) 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 from disclosing such facts to the Court or to any police office;

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(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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Order Date :- 23.6.2023 Mini

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Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad

Nityanand Tiwari v. State of U.P. and Another

Case brief

What is this about?

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Nityanand Tiwari v. State of U.P. and Another

Case brief

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